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  • Writer's pictureBrian Foley

ASSAULT CLASS C - FAMILY VIOLENCE(FV) in Montgomery County, Texas

ASSAULT CLASS C - FAMILY VIOLENCE(FV) is a classification that the Montgomery County Sheriff's Office in Conroe, Texas uses to classify arrests made for violations of Texas Penal Code Section 22.01 (3). This statute criminalizes intentionally or knowingly threatening another person with bodily injury or intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or

Sec. 22.01.  ASSAULT.  (a)  A person commits an offense if the person:
(1)  intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;  
(2)  intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse;  or
(3)  intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

If you have been charged with this offense there are more than just a $500 fine at stake. First you need to know that a conviction could be on your record forever. This can prevent you from job opportunities, housing decisions, and other collateral consequences.

These offenses can be used to enhance future assault cases to a higher charge of a felony because they are related to family violence. Assault Family Member cases involve bodily injury to someone you live with in your "household," someone with whom you are in a "dating relationship," or someone in your family. This includes common law spouses. Chapter 71 of the Texas Family Code defines these types of relationships.

§ 71.003 (Family) – “Family” includes individuals related by consanguinity or affinity, as determined under Sections 573.022 and 573.024, Government Code, individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together.

§ 71.005 (Household) – “Household” means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.

§ 71.0021(b) (Dating Relationship) – “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:

  • The length of the relationship;

  • The nature of the relationship; and

  • The frequency and type of interaction between the persons involved in the relationship.


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