Where certain relationships are involved, Assault Bodily Injury (or ABI) is a serious misdemeanor charge.

If you got arrested due to an incident involving your partner, “Assault Bodily Injury-Married/Cohab” is usually what’s placed on your paperwork to show that the incident was related to domestic or family violence. Even though you might not actually be married or living with this person, the extra phrase after “Assault Bodily Injury” is determined when your relationship to the complaining witness (the alleged victim) falls under the descriptions in Sections 71.0021(b), 71.003, or 71.005 of the Texas Family Code.

Under Section 71.0021(b) of the Texas Family Code, you could have a “dating relationship” with this person. “Assault Bodily Injury-Married” frequently appears on paperwork when the people involved are only dating. Often, they lived together at the time of the alleged incident, but that’s not always the case. The relationship must be of a “romantic or intimate nature.” Whether there was in fact a “dating relationship” is determined by:

(1) the length of the relationship;

(2) nature of the relationship; and

(3) the frequency and type of interaction between the persons involved in the relationship.

Under Section 71.003 of the Texas Family Code, you and the complaining witness could be considered “family.” A “family” relationship exists if you are related by blood, are former spouses, share a child or children (in this situation, it doesn’t matter if you were ever married or not), or are a foster parent to a foster child. Where “family” relationships are concerned, it does not matter if you were living with each other at the time the alleged incident occurred.

Under Section 71.005 of the Texas Family Code, you could be considered related in that you share the same household or dwelling. In a situation where you lived with the complaining witness and you do not share any of the relationships previously described, it would not matter that you are not actually related. What matters is that you both were living in the same place at the time of the alleged offense.

Remember that “Assault Bodily Injury-Married/Cohab” is more of a blanket term that’s put on your paperwork, even if you and the complaining witness are not actually married. The likelihood of the charge being dismissed will depend on the evidence the prosecution has against you, as well as the availability of the complaining witness (alleged victim) and that person’s willingness to cooperate with the prosecution. Certainly, there are other factors that come into play, depending on the specific details of your case.