In Texas, the law takes domestic abuse very seriously, but many people don’t realize how broadly it is defined. Abuse is not limited to physical harm; it can include emotional, sexual, and even financial control.
At WSM, we represent women who are ready to take back their safety, dignity, and freedom. Whether you’re seeking a protective order, custody modification, or divorce, our divorce attorneys are here to stand beside you.
What Is the Definition of Domestic Abuse in Texas?
Under Texas law, domestic abuse (also referred to as family violence) includes any act by one family or household member intended to cause harm, fear, or control over another. The Texas Family Code § 71.004 defines family violence as: “An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault; or a threat that reasonably places the member in fear of imminent harm.”
What defines domestic abuse isn’t limited to striking or injuring someone. The law also covers threats, stalking, intimidation, and repeated harassment, anything that makes a person reasonably fear for their safety. In short, what’s considered domestic abuse in Texas includes physical, emotional, and psychological behaviors that are meant to dominate or harm a family or household member.
What Defines Domestic Violence in Practice
While the legal language provides structure, the lived experience of domestic violence can take many forms. Abuse may be obvious, such as physical assault, or subtle, like controlling your finances or isolating you from loved ones.
Common types of domestic abuse include:
- Physical abuse: Hitting, slapping, kicking, choking, or restraining someone. Even the threat of physical harm can qualify as abuse.
- Emotional abuse: Constant criticism, humiliation, name-calling, or manipulation designed to damage your self-esteem or independence.
- Psychological abuse: Intimidation, gaslighting, stalking, or controlling behaviors that make you question your reality or fear retaliation.
- Sexual abuse: Any forced sexual act, unwanted touching, or sexual coercion. Consent must always be freely given; marriage does not erase that right.
- Financial abuse: Controlling your access to money, refusing to let you work, or monitoring every dollar you spend as a means of control.
These behaviors often overlap, making it difficult for victims to recognize the full scope of what they’re experiencing.
Who Is Protected Under Texas Domestic Violence Laws?
Texas law protects more than just spouses. You can seek legal protection if the abuse is committed by:
- A current or former spouse;
- Someone you’re dating or used to date;
- A parent, child, or other family member;
- A person who lives or has lived in your household; or
- The other parent of your child.
This means you don’t have to be married or even living together to be protected. Dating violence and stalking both fall under Texas’s broad definition of domestic abuse.
Signs You Might Be Experiencing Abuse
Many victims question whether what’s happening “counts” as abuse. If you find yourself feeling afraid to express opinions, walking on eggshells, or hiding parts of your life from others, those are warning signs.
Ask yourself:
- Does your partner monitor your phone or social media?
- Have they ever threatened you, your children, or your pets?
- Do they control access to money or basic necessities?
- Have they ever prevented you from leaving or contacting friends and family?
- Do you feel unsafe when they’re angry?
If you answered yes to any of these, you may be experiencing abuse, whether or not it has ever turned physical.
Taking Legal Action in Texas
Victims of domestic abuse in Texas have multiple legal options, including:
- Protective Orders: These court orders restrict your abuser from contacting or approaching you. Violating them can result in arrest.
- Divorce and Custody Modifications: If you’re married to or share children with your abuser, your attorney can request court orders that limit contact and prioritize your safety.
- Criminal Charges: In severe cases, law enforcement can pursue charges for assault, harassment, or stalking.
WSM helps women pursue these protections with discretion and support. We can guide you through the process of filing for a Temporary Restraining Order (TRO), a Protective Order, or other available legal remedies under Texas law.
Why Many Women Hesitate to Report Abuse
It’s common to feel afraid, embarrassed, or uncertain about taking legal action. Many survivors fear retaliation or doubt that anyone will believe them. Others stay quiet because of financial dependence, social stigma, or children.
At WSM, we understand that every situation is unique. Our role is to support you, not judge you. Whether you need help creating a safety plan, securing temporary housing, or pursuing a legal case, we can connect you to the right resources and stand with you every step of the way.
Empowering Women to Reclaim Their Lives
Domestic abuse can leave deep emotional and financial scars, but with the right support, you can rebuild your life. Knowing what defines domestic abuse empowers women to recognize danger, seek help, and reclaim their independence. You are not alone. Legal protection and community support are in place to help you regain control safely.
At WSM, we believe every woman deserves safety, stability, and respect, both in and out of the courtroom. Our attorneys can help you understand your rights and take decisive action to protect them. To speak confidentially with an attorney and learn your options, contact us online or call (380) 203-2023 for a free consultation.
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