Can I Be Charged With Family Violence if There Were No Injuries?

 Posted on April 04, 2026 in Criminal Defense

In Texas, you can be charged with family violence even if the other person was not physically hurt. Texas law does not require visible injuries or a trip to the hospital for a charge to be filed. A charge can be based on nothing more than an allegation that you threatened someone or made them fear that you were going to hurt them.

That may feel unfair, especially if you believe nothing serious happened. However, a conviction can follow you for the rest of your life. If you are facing a family violence charge in 2026, our Fredericksburg, TX criminal defense lawyer can review your case and explain your options.

How Does Texas Law Define Family Violence?

Under Texas Penal Code § 22.01, assault is when a person intentionally causes bodily injury to someone, intentionally threatens someone with bodily injury, or makes physical contact with someone in a way that the other person finds offensive or provocative. When any of those things happen between people in a domestic relationship, it becomes a family violence offense under Texas Family Code § 71.004.

The law covers a wide range of relationships. Spouses, former spouses, dating partners, people who share a child, and household members all fall under the family violence definition in Texas. It does not matter whether the people were married or even living together at the time.

What Family Violence Charges in Texas Do Not Require Physical Injury?

Two types of family violence charges in Texas require no physical injury at all.

Assault by Threat

The first is assault by threat. This charge applies when someone threatens another person with bodily injury in a way that makes that person reasonably believe the threat was real. If you made a threatening statement during an argument, that alone can support a charge even if you never touched the other person and they walked away without a scratch.

Assault by Contact

The second is assault by contact. This covers physical contact that the other person finds offensive or provocative, even if no pain or injury resulted. A shove, a grab, or a poke could be the basis for this type of charge, depending on what the other person says about it.

Both of these start as Class C misdemeanors, but when a family relationship is involved, they can be elevated and carry more serious consequences.

Can You Be Arrested for Family Violence Based Only on Someone's Word in Texas?

In Texas, police responding to a family call can make an arrest based on probable cause. In many cases, that simply means believing an offense took place based on what they see and what people tell them. They do not need to see an injury. They do not need a weapon. They do not need anyone else to confirm the story.

If the other person tells the police you threatened them or pushed them, that statement alone can be enough for an arrest. Once an arrest happens, prosecutors decide whether to file charges. Even if the other person later says they do not want to press charges or they take back their statement, the prosecutor can still move forward without them.

What Are the Long-Term Consequences of a Family Violence Conviction in Texas?

A family violence conviction can affect your life in serious ways long after the case is over. Some of the most important consequences include:

• A permanent criminal record that shows up on background checks for jobs, housing, and professional licenses

• Loss of the right to own or possess a firearm under federal law, even for misdemeanor convictions

• Serious effects on child custody and visitation

• Possible immigration consequences for non-citizens, including deportation

• The inability to have the conviction expunged or sealed in most cases

These consequences can change your career, your family life, and your future in ways that go far beyond any fine or jail sentence. Fighting the charge early gives you the best chance of avoiding penalties and long-term consequences.

What Defenses Are Available in a Family Violence Case When There Were No Injuries?

The lack of physical injury can actually help your defense. It is often easier to challenge allegations when there is no medical evidence, no photographs of injuries, and no outside witnesses to back up the other person's story.

Common defenses in these cases include self-defense, which applies when you made a threat or used force because you reasonably believed you were in danger. Lack of intent is another defense, meaning the contact or statement was not meant to threaten anyone. False allegations are also more common in family cases than many people think, especially when a divorce, custody dispute, or breakup is involved. A good defense attorney will look at everything that happened and find weaknesses in the other side's account.

Contact a Marble Falls, TX Family Violence Defense Attorney

A family violence charge does not have to define your future, and the lack of injuries gives your defense real ground to stand on. Attorney Baker holds a Bachelor of Science in Biology, which gives him a strong understanding of the scientific evidence that often comes up in criminal cases. That background means he knows how to look closely at forensic evidence, challenge physical findings, and defend his clients.

Call Law Office of Russ Alan Baker, PLLC at 325-216-2006 today to speak with a Fredericksburg, TX criminal defense lawyer who will fight hard for you.