Am I Really a Victim If My Spouse Threatens Me with a Gun?

September 16, 2025

Domestic violence is often imagined as physical abuse—bruises, broken bones, or emergency room visits. Yet in many Dallas homes, the violence never leaves a mark you can photograph. Instead, it lingers in the terrifying moments when a spouse pulls out a gun, places it on the table, or even just hints that it could be used. These threats may not involve pulling the trigger, but the impact is devastating: intimidation, loss of safety, and constant fear. Victims often wonder if these threats “count” as domestic violence under Texas law, especially when facing divorce. The answer is yes, domestic violence extends far beyond physical harm. Under the Texas Family Code, brandishing or threatening with a firearm can absolutely be grounds for protective orders, custody limitations, and a decisive impact on divorce proceedings.

At GarciaWindsor, P.C., we see the profound emotional scars left behind when a gun becomes a tool of control inside the family home. For business owners, professionals, parents, and everyday Texans, this kind of abuse can destabilize every part of life. Understanding how Texas law views non-physical threats, and how to protect yourself and your children, is critical when navigating a divorce where firearms have been used as instruments of fear.

Threats with a Firearm as Domestic Violence

The Texas Family Code defines “family violence” in §71.004 as any act “intended to result in physical harm, bodily injury, assault, or sexual assault, or a threat that reasonably places the victim in fear of imminent harm.” Importantly, this definition explicitly includes threats. When a spouse waves a firearm, points it during an argument, or simply makes veiled statements like “I could use this if you don’t listen,” the law recognizes it as family violence.

This recognition is critical because many victims minimize their experiences if there is no physical injury. Yet the fear of imminent harm (the idea that death or serious injury could occur in seconds) is just as real and damaging. Courts in Dallas County have consistently treated such behavior as domestic violence, issuing protective orders even when no trigger was ever pulled.

The Psychological Toll on Victims and Children

Research shows that victims of non-physical domestic violence, such as weapon threats, suffer long-term trauma comparable to physical assault. Constant exposure to intimidation with a gun can lead to anxiety, PTSD, depression, and difficulties with trust. For children, the effects are even more severe. Witnessing a parent threaten the other with a weapon creates lasting fear and can influence a child’s future relationships and sense of security.

In divorce cases, judges carefully evaluate the best interests of the child under Texas Family Code §153.002. A parent who threatens the other spouse with a firearm risks losing custody or being granted only supervised visitation. Courts prioritize child safety, and the presence of weapons used in a threatening manner weighs heavily against the offending parent.

Divorce Implications When Weapons Are Involved

When a spouse has used a firearm as a means of control, the divorce process takes on added urgency. Victims often need protective orders under Texas Family Code §85.001, which can prohibit the abuser from possessing a firearm while the order is active. This is not only a safeguard but also a strategic legal tool, ensuring safety while negotiations for custody, property division, and support unfold.

In addition, evidence of threats with a firearm can influence:

• Custody decisions: Courts may restrict or deny possession if a parent presents a danger.

• Spousal support: Under §8.051, family violence within two years before the divorce filing can justify an award of spousal maintenance.

• Division of property: Judges can consider domestic violence when dividing marital assets under §7.001, potentially awarding the victim a larger share.

For entrepreneurs or professionals in Dallas, this means that protecting your business, your children, and your future may hinge on how well these firearm threats are documented and presented in court.

Proving the Threats in Court

One challenge victims face is proving non-physical abuse. Unlike a bruise, a threat often leaves no evidence. However, Texas courts accept a variety of proof, including:

• Police reports documenting domestic disturbances.

• Text messages or voicemails referencing firearms or threats.

• Witness testimony from friends, relatives, or neighbors.

• Expert testimony regarding the psychological impact on the victim or children.

Even without a physical injury, these forms of evidence can carry significant weight in a divorce trial. At GarciaWindsor, we help clients compile this documentation and present it in a way that protects their rights and strengthens their case.

Why Many Victims Stay Silent

Victims often stay in marriages where firearms are used as threats because they fear retaliation, financial instability, or losing their children. In Dallas, where gun ownership is common, some victims worry that law enforcement or the courts will not take their experiences seriously. However, Texas law is clear: threats with a firearm are domestic violence. Protective measures exist to shield victims and children, and experienced attorneys can ensure those protections are enforced.

Take Action Before Fear Becomes Tragedy

If your spouse has ever threatened you with a firearm, you are a victim of domestic violence—even if you were never physically struck. The law in Texas is on your side, but navigating divorce under these circumstances is complex and emotionally draining. Do not wait until the threats escalate.

At GarciaWindsor, P.C., we understand how terrifying it is to face a divorce where weapons and intimidation are part of the story. Our attorneys have decades of combined experience handling family violence cases in Dallas, and we know how to secure protective orders, safeguard children, and protect assets when firearms are involved.

Your safety and your future matter. Call GarciaWindsor today to schedule a confidential consultation and take the first step toward freedom from fear.

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