Texas Launches Family Violence Offender Database

By now, most people are familiar with programs used by states around the country to identify individuals convicted of sex-related crimes. With the passage of a new law, the Texas Sex Offender Registration Program is no longer the only publicly accessible offender database that state residents and businesses might be checking.   

Pursuant to House Bill 5202, Texas has launched a violent offender database which will include the names and photos of individuals convicted on two or more occasions of assault, sexual assault, aggravated assault, aggravated sexual assault (with a family violence finding), continuous violence against the family or stalking.

Under Texas law, continuous violence against the family is defined as the commission of an assault two or more times in a 12-month period against someone who meets one of the following descriptions:

• A current or former spouse

• Someone who is or was in a dating relationship with the defendant

• A family member

• Someone who lives in the same household

Along with people convicted for crimes involving physical violence, the database also includes individuals found guilty of stalking. In these cases, a prior relationship between the accuser and defendant is not required if the accuser has a reasonable fear that they are at risk of bodily harm from the defendant. However, when there is a pre-existing relationship as defined above, Section 42.072(a)(2)(B) of the Texas Penal Code expands the definition of stalking to include to behavior that makes the alleged victim “feel harassed, terrified, intimidated, annoyed, alarmed, abused, tormented, embarrassed, or offended.”

Inclusion with the violent offender database can have a serious impact on someone’s personal life and job prospects. Individuals can use the website to conduct background checks on potential partners or acquaintances, while companies can use the registry to vet prospective employees. The database makes it even more important to hire an accomplished criminal defense attorney if you are accused of domestic violence or stalking. In these cases, the stigma associated with being listed on the registry might even outweigh other punishments associated with a conviction. 

You might also retain an experienced lawyer if you are eligible for removal based on the time that has passed since your conviction, or if you believe the website contains false information about you. 

At Kevin L. Collins, P.C., a Board-certified Texas criminal law attorney protects the rights of individuals accused of family violence, stalking and other offenses. We also assist with expunction and offender registry matters. To make an appointment, please call +12102239480 or contact us online. Our office is in San Antonio.  

By Kevin L. Collins | Published August 1, 2024 | Posted in Domestic Violence | Tagged domestic violence, Family Violence, harassed