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 or applicant for a protective order:
(A) with whom the actor has or has had a dating relationship; or
(B) because of the victim's or applicant'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 or applicant 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).
Added by Acts 2001, 77th Leg., ch. 91, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 872 (S.B. 116), Sec. 2, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 117 (S.B. 817), Sec. 1, eff. September 1, 2015.
Notes of Decisions
Cited in
245
cases (
63 in the last 5 years), 2001–2026 · leading case:
Villarreal v. State, 286 S.W.3d 321 (Tex. Crim. App. 2009).
Villarreal v. State, 286 S.W.3d 321 (Tex. Crim. App. 2009).
· cites it 2× “" The court then defined the terms "dating violence" and "dating relationship" in accordance with the definitions in Texas Family Code § 71.0021. See footnote one, supra.”
Sanchez v. State, 499 S.W.3d 438 (Tex. Crim. App. 2016).
· cites it 6× “01(b)(2) and Texas Family Code § 71.0021. FACTS On December, 18, 2009, Appellant assaulted Price several times in their shared home.”
Marshall v. State, 479 S.W.3d 840 (Tex. Crim. App. 2016).
“Texas Family Code §§ 71.0021(b), 71.003, •71.”
Alfred Ochoa v. State, 355 S.W.3d 48 (Tex. App. 2010).
· cites it 6× “01 (b)(2); Tex. Fam. Code Ann. § 71.0021 (b) (Vernon 2008).”
Herrera v. State, 526 S.W.3d 800 (Tex. App. 2017).
· cites it 2× “” Tex. Fam. Code § 71.0021(a). A “dating relationship” is “a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature.”
Price, Eric Ray, 457 S.W.3d 437 (Tex. Crim. App. 2015).
“The second part is a circumstance: a “dating relationship,” which is defined in Texas Family Code § 71.0021(b) as “a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature.”
Gonzalez v. State, 541 S.W.3d 306 (Tex. App. 2017).
“01(b)(2) (felony assault against a person with whom the defendant has a dating relationship, a family member, or a member of the household); Tex. Fam. Code §§ 71.0021(b) (defining dating relationship), 71.”
State v. Kenneth M. Sobczak, 2013 WI 52 (Wis. 2013).
· cites it 2× “"); Tex. Fam. Code Ann. § 71.0021 (b) (West 2013) (defining "dating relationship" as "a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature").”
Fang v. State, 544 S.W.3d 923 (Tex. App. 2018).
“01(b)(2), (b-2) ; see also Tex. Fam. Code §§ 71.0021(b), 71.003, 71.”
Vongontard v. Tippit, 137 S.W.3d 109 (Tex. App. 2004).
“Tex. Fam.Code Ann. § 71.0021(a) (Vernon 2002).”
— Tex. Fam. Code § 71.0021(a) — 14 cases
Vongontard v. Tippit, 137 S.W.3d 109 (Tex. App. 2004).
“Tex. Fam.Code Ann. § 71.0021(a) (Vernon 2002).”
Herrera v. State, 526 S.W.3d 800 (Tex. App. 2017).
“” Tex. Fam. Code § 71.0021(a). A “dating relationship” is “a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature.”
— Tex. Fam. Code § 71.0021(a)(1) — 2 cases
— Tex. Fam. Code § 71.0021(a)(1)(A) — 3 cases
— Tex. Fam. Code § 71.0021(a)(1)(B) — 1 case
— Tex. Fam. Code § 71.0021(b) — 131 cases
Marshall v. State, 479 S.W.3d 840 (Tex. Crim. App. 2016).
“Texas Family Code §§ 71.0021(b), 71.003, •71.”
Price, Eric Ray, 457 S.W.3d 437 (Tex. Crim. App. 2015).
“The second part is a circumstance: a “dating relationship,” which is defined in Texas Family Code § 71.0021(b) as “a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature.”
Gonzalez v. State, 541 S.W.3d 306 (Tex. App. 2017).
“01(b)(2) (felony assault against a person with whom the defendant has a dating relationship, a family member, or a member of the household); Tex. Fam. Code §§ 71.0021(b) (defining dating relationship), 71.”
Alfred Ochoa v. State, 355 S.W.3d 48 (Tex. App. 2010).
“01 (b)(2); Tex. Fam. Code Ann. § 71.0021 (b) (Vernon 2008).”
Fang v. State, 544 S.W.3d 923 (Tex. App. 2018).
“01(b)(2), (b-2) ; see also Tex. Fam. Code §§ 71.0021(b), 71.003, 71.”
— Tex. Fam. Code § 71.0021(c) — 4 cases
Alfred Ochoa v. State, 355 S.W.3d 48 (Tex. App. 2010).
“01 (b)(2); Tex. Fam. Code Ann. § 71.0021 (b) (Vernon 2008).”
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