Does An Alleged Victim Need To Show Injuries For A Domestic Violence Charge To Be Made?

The answer is no. Not necessarily. There is more than one way to commit the offense of assault under Texas law. Under the Texas Penal Code Sec. 22.01, there are 3 different ways a person can commit assault. First way is they intentionally, knowingly, or recklessly causes bodily injury to the other person, including the person’s spouse. So under that first section of the code yes bodily injury is required, but there are two other ways in which you can be accused of assault. If you intentionally or knowingly threaten another with imminent bodily injury, including the person’s spouse, or the third way is if you intentionally knowingly cause physical contact with another person and you know or reasonably believe that the person will regard the contact as offensive or provocative, then you can be charged with domestic violence under any one of these three scenarios and only one requires there to be an actual bodily injury.

Another way in which you can be charged with domestic violence is by strangulation or suffocation. If you put your hand over the mouth of a domestic partner, you may be charged with strangulation or suffocation which is a 3^rd degree felony, even though there is never a physical injury that was suffered by the complainant.

For more information on Physical Injury In A Domestic Violence Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 478-9898 today.