Family Code · §71.004

Family Violence — Definition

Family Violence — Definition is covered under §71.004 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Family Violence Definitions" on practice exams.

To prove this offense, the State must establish each of the following elements: Act intended to result in physical harm, bodily injury, assault, or sexual assault; Or a threat reasonably placing member in fear of imminent physical harm; Or abuse of a child by a family or household member.

Elements you must prove

  • Act intended to result in physical harm, bodily injury, assault, or sexual assault
  • Or a threat reasonably placing member in fear of imminent physical harm
  • Or abuse of a child by a family or household member

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Worked examples

Worked example 1

Under Tex. Fam. Code §71.004, 'family violence' includes:

  1. Only physical assault between married couples
  2. An act by a member of a family or household against another 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 physical harm; AND abuse against a child by a member of the family or household Correct
  3. Only acts that result in arrest
  4. Only behavior reported to a court
Why: Family violence is defined broadly to include physical acts, threats, and abuse of a child by a family or household member.
Statute: Tex. Fam. Code §71.004

Statutory definitions for this topic

Family violence Tex. Fam. Code §71.004
An act by a member of a family or household against another 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 physical harm; AND abuse against a child by a member of the family or household.