What Does an Affirmative Finding of Family Violence Mean in Texas?

By Bo Kalabus
Office: 972-562-7549
Collin County 24-Hour Jail Release 214-402-4364

An affirmative finding of family violence (AFV) on you record is a bad thing. Family violence is defined under the family code as “an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.” Tex. Fam. Code § 71.004.

Usually in a criminal case, the AFV is used to enhance an assault charge. What does an AFV on your record mean to you? Well, consider your rights as a U.S. citizen cut in half. Among the consequences of a first offense of an affirmative finding are:

• You can never be named as the “managing conservator” of a child in any divorce action or action requiring the placement of a child.

• You can never adopt a child under Texas law.

• You can never posses or transport a firearm or ammunition under federal law.

• If, at any time in the future you are charged with an assault against a family member or a member of your household or a person who qualifies under Texas law as a person with whom you have a “dating relationship”, that assault can be filed as a third degree felony offense regardless of the degree of physical injury.

As you can see, the AFV packs a powerful punch and can severely limit your freedoms down the road. If you find yourself facing such a charge, you should seek competent legal counsel that will fight for you and aggressively defend your case.


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