Page 130 - Texas police Association Peace Officer Guide 2017

chose not to. Therefore, the State contends, the court of appeals held correctly that there was no
variance.
The three classes delineated in the Texas Family Code are those in a “dating relationship,”
“family,” and “household.” (emphasis by ed.) 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(b).
Family includes, for the purposes of this case, “individuals related by consanguinity or affinity”
and “individuals who are the parents of the same child, without regard to marriage.” TEX. FAM.
CODE § 71.003.
Two individuals are related to one another by affinity if they are “married to each other.” TEX.
GOV’T CODE §573.024(a)(1). Thus, a person’s spouse is included within the definition of
family under Section 71.003. Finally, a household is “a unit composed of persons living together
in the same dwelling, without regard to whether they are related to each other.” TEX. FAM.
CODE § 71.005. Appellant’s assault offense was enhanced by the charge that he assaulted
someone with whom he “has or has had a dating relationship.” TEX. FAM. CODE § 71.0021.

Appellant claims that convicting him based upon his prior dating relationship with his spouse
could meld dating relationships and spousal relationships into one indistinguishable category.
Appellant’s argument implies that the State could choose to prove either a dating relationships
and marriage, especially in the case of a common-law marriage, but the overlap between the
categories does not make them identical or interchangeable. First of all, there is significant
overlap between the categories of household and family as defined by the Texas Family Code—
“individuals related by consanguinity or affinity,” “individuals who are parents of the same
child,” and “foster children and foster parents” are more than likely to live together in the same
dwelling. In the case at bar, Price likely satisfies the criteria to be both a member of Appellant’s
household and a member of his family. This does not mean that the categories of household and
family are indistinguishable. Furthermore, the categories of dating relationships and marriage
are not interchangeable.
There are individuals who have a spousal relationship but no prior dating relationship with each
other, for instance in an arranged marriage. A defendant who assaults his spouse under these
circumstances could be charged only with assault-family violence against a member of his
family. If the spousal relationship and dating relationship elements are truly indistinguishable,
they could be freely interchanged. This is not the case.
If the legislature had intended for there to be an explicit limit on the length of time between the
dating relationship and the assault, it would have inserted one into the statute.
We will not add a statutory time limit when none exists in Texas Family Code § 71.0021.
For all the foregoing reasons, we conclude that a defendant may be convicted of assaulting his
spouse based solely on their past dating relationship. We affirm the decision of the court of
appeals.

th
Sanchez v. State, No. PD-0372-15, Ct. Crim. App., Sept. 14 , 2016.
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A Peace Officer’s Guide to Texas Law 125 2017 Edition