Domestic violence, which Texas may prosecute as domestic assault, is a common crime. People often think of spouses in unhealthy marriages or parents who discipline their children abusively when they picture domestic violence.
However, the law in Texas allows prosecutors to bring enhanced domestic assault charges instead of simple assault charges in a number of different circumstances. Family members engaging in violence toward one another and intimate partners becoming abusive can lead to domestic assault charges.
Can a platonic, non-familial roommate scenario lead to domestic assault allegations against one adult who cohabitates with another?
Roommate can engage in domestic violence
The key element that separates domestic assault from other forms of assault is the relationship between the parties involved. If they are from the same household, the situation meets the standard to qualify as domestic assault. It does not matter that they have a platonic or purely financial relationship with each other.
What matters is that they share a primary residence. Such situations create a high risk of violence escalating. The situation between the cohabitating individuals also creates unique challenges, like ensuring both parties have a safe and appropriate place to live.
What other people hear can cause issues
Some roommates have a naturally assertive tone to their dynamic. Young male roommates, for example, may have a somewhat confrontational tone to their communications even if they generally cooperate effectively. What has become normal within the household could trigger concerns from people outside of it.
Neighbors and passers-by might potentially reach out to law enforcement if they hear conflict behind closed doors. Then, based on what police officers witness, either of the people involved in the altercation could be at risk of arrest and prosecution.
One party refusing to cooperate in the prosecution of the other is typically insufficient to prevent charges. Prosecutors typically don’t initiate domestic assault charges unless they believe they have a chance at securing a conviction without the cooperation of the alleged victim.
Thankfully, there are many potential defense strategies that can work for those facing allegations of domestic assault because of a momentary dispute with a roommate. Learning more about how Texas defines and prosecutes different criminal charges can help people plan the most effective response to the allegations they’re facing.