I need help I have a question about how they can define "family".

[jagarrett91209]

My husband is being charged with a family violence assault but the alleged victim is not a family member in any way we have never room mated or anything how do I go about there s is this even able to go through bc they are not family?

[nimuay]

Depends just how the law is written. Most are written to include elderly relatives, children, people who are in some sort of relationship with the perpetrator, step-parents, etc.

[LeBeau]

Even though this is about DV, I'm moving it to the legal forum where it will be seen by more of our (wonderful, generous) members who are professionals within the criminal justice system and may be more able to offer insight.

[Patrickj]

Originally Posted by jagarrett91209

My husband is being charged with a family violence assault but the alleged victim is not a family member in any way we have never room mated or anything how do I go about there s is this even able to go through bc they are not family?

Family is defined in the Texas Family Code in Title 4 Chapter 71 Sections
71.0021, 71.003 and 71.004 http://www.statutes.legis.state.tx.u....71.htm#71.003
Also review Texas Penal Code Chapter 5 CHAPTER 22. ASSAULTIVE OFFENSES http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm
Sec. 22.01. (b) explain what change this offense assault from a misdemeanor to a third degree felony if so charged can be defined by the section of the Family Code I listed above
If section 22.01(b) doesn't apply it will be a assault matter as defined in section 22.01(a)

[mlt576]

This what they charged my son with. She testified in court that she was told to say it was a prior dating releationship. She was not a family member!
Sec. 71.0021. DATING VIOLENCE. (a) "Dating violence" means an act, other than a defensive measure to protect oneself, by an actor that:
(1) is committed against a victim:
(A) with whom the actor has or has had a dating relationship; or
(B) because of the victim's marriage to or dating relationship with an individual with whom the actor is or has been in a dating relationship or marriage; and
(2) is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the victim in fear of imminent physical harm, bodily injury, assault, or sexual assault.
(b) For purposes of this title, "dating relationship" means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of:
(1) the length of the relationship;
(2) the nature of the relationship; and
(3) the frequency and type of interaction between the persons involved in the relationship.
(c) A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a "dating relationship" under Subsection (b).

[yourself]

btw, you do not have to prove the victim does not fit the statute definition for dv. The State must prove each and every element of the crime beyond a reasonable doubt. The burden is on the state to show that statute is relevant because a battery occurred AND the victim of that battery falls with in the DV definition.

Note, if it wasn't a dv battery, it's still a battery. DV tends to enhance the penalty for a simple battery, or ag bat, or worse.