DocketXDocketX / Claims / Assault and battery (civil) / Texas
Assault and battery (civil) in Texas
The civil claims for threatened or actual harmful contact. Appeals in these cases run to the Court of Criminal Appeals of Texas, through 19 intermediate appellate courts.
What our library holds for Texas: 615,391 appellate decisions (1840 through June 2026), 122,681 statute sections, county local rules, and the Texas Rules of Civil Procedure and Evidence held word for word — so a assault and battery (civil) question here can be answered against real Texas authority, with every citation checked. See the rules quoted verbatim.
The generally recognized elements
These elements are recognized across U.S. jurisdictions; the wording, the burden, and the exceptions vary by state, so confirm them against Texas authority before relying on them.
- An intentional act by the defendant
- Intent to cause harmful or offensive contact (battery) or apprehension of it (assault)
- Contact or apprehension actually resulted
- Damages
What actually decides these cases
Intent and consent. These are intentional torts, so ordinary negligence standards do not apply, and a criminal case arising from the same facts proceeds separately with a different burden of proof.
Defenses you should expect
- Consent
- Self-defense or defense of others
- Defense of property (limited)
Before you rely on anything
Check the citations
If a letter, a filing, or an AI answer cites a Texas case to you, verify it exists — free, instant, against every U.S. reporter. Fabricated citations are the most common way people are misled about their own case.
Next
Keep going
This page states generally recognized legal frameworks for orientation; it is not legal advice, not Texas-specific legal guidance, and not a substitute for a lawyer or for reading the authority that governs your case. Statutes of limitation are short and vary by state and claim — if you may have a claim, find out your deadline immediately from your state's courts or a lawyer.