Family Code · Art. 7

Family Violence Definitions

Family Violence Definitions is covered under Art. 7 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Victim of stalking, sexual assault, sexual abuse, indecent assault, trafficking, or compelling prostitution; No relationship requirement (unlike Family Code FV); Same enforcement framework as Family Code orders (Penal §25.07).

Elements you must prove

  • Victim of stalking, sexual assault, sexual abuse, indecent assault, trafficking, or compelling prostitution
  • No relationship requirement (unlike Family Code FV)
  • Same enforcement framework as Family Code orders (Penal §25.07)

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Worked examples

Worked example 1

Under Tex. Fam. Code §93.001 (Application for Protective Order against Stalking, Sexual Assault, Trafficking — Tex. Code Crim. Proc. ch. 7B), eligible applicants include:

  1. Anyone
  2. A victim of any of those listed offenses, regardless of relationship to the respondent — protective orders not limited to family/dating context Correct
  3. Only family members
  4. Only sexual assault victims
Why: Ch. 7B protective orders are available regardless of relationship — they are stalking/sexual assault/trafficking-specific. This is critical for cases not covered by Family Code FV definitions.
Statute: Tex. Code Crim. Proc. ch. 7B (formerly art. 7A)

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.
Dating violence Tex. Fam. Code §71.0021
An act by an individual against a person with whom the actor has or has had a continuing relationship of a romantic or intimate nature, that is intended to result in physical harm, bodily injury, assault, or sexual assault — or a threat reasonably placing the dating partner in fear of imminent physical harm.
Dating relationship Tex. Fam. Code §71.0021(b)
A relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. Determined by the length of the relationship, the nature of the relationship, and the frequency and type of interaction.
Family Tex. Fam. Code §71.003
Individuals related by consanguinity or affinity, individuals who are former spouses, individuals who are the parents of the same child (without regard to marriage), and a foster child or foster parent.
Household Tex. Fam. Code §71.005
A unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.
Member of a household Tex. Fam. Code §71.006
Includes a person who previously lived in a household. Past cohabitation suffices.