Decatur, TX asked in Domestic Violence for Texas

Q: A woman cheats on her husband, leaves him, then the husband beats up the boyfriend. Is this considered family violence?

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Domestic Violence Lawyer
  • Austin, TX
  • Licensed in Texas

A: If you are asking about a Family Violence Protective Order then the answer is yes, because that scenario is "dating violence" under Family Code 71.0021(a)(1)(B) and, dating violence IS family violence for the purposes of a Family Violence Protective Order.

If you are asking about the F3 enhancement to misdemeanor Assault then the answer is no, because the enhancement only applies to the direct romantic relationship as described by FC 71.0021(b). See PC 22.01(b)(2)

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