The Texas Court of Appeals recently ruled that a lower court must include an affirmative finding of family violence in the case of Eric Wray Fabian, who was convicted of assault causing bodily injury. The ruling, issued on August 6, 2026, affects how family violence is treated in similar cases and establishes clearer guidelines for judges in the state.

This decision is significant because it reinforces the importance of recognizing family violence in legal judgments, which can have lasting implications for defendants, victims, and the legal system as a whole.

Background

The case originated in Comal County, Texas, where the State charged Eric Wray Fabian with continuous violence against his partner, Kay Reed (a pseudonym). The allegations included two separate incidents of physical harm. However, after a jury trial, Fabian was acquitted of the more serious charge and found guilty of the lesser-included offense of assault causing bodily injury, family violence.

During the sentencing phase, the district court sentenced Fabian to 365 days in jail, probated for two years, and imposed a $1,000 fine. The court also indicated it would require Fabian to attend a Batterer’s Intervention Program but decided to hold that requirement in abeyance, or temporarily inactive. This decision raised concerns about the implications of not formally recognizing the family violence finding.

The Ruling

The Texas Court of Appeals ruled in favor of the State, granting a petition for a writ of mandamus. The court found that the district court had a legal obligation to make an affirmative finding of family violence in Fabian's case. The court stated, “The district court failed to do so. Instead, the district court attempted to abate the finding by crossing out the affirmative finding of family violence.”

The ruling emphasized that under Texas law, if a trial court determines that an offense involves family violence, it is required to make an affirmative finding and include it in the judgment. The court noted, “The statutory language is clear—if the trial court determines that the offense involved family violence, then the trial court is required to make an affirmative finding of that fact.”

Impact

This ruling has significant implications for future cases involving family violence in Texas. It clarifies the responsibilities of judges when dealing with such cases and reinforces the legal framework surrounding family violence findings. By mandating that these findings be included in judgments, the court aims to ensure that family violence is adequately addressed in the legal system.

The decision also impacts defendants like Fabian, as a formal finding of family violence can lead to more severe penalties for subsequent offenses. The ruling sets a precedent that may influence how similar cases are handled in the future, ensuring that family violence is not overlooked in the judicial process.

What's Next

The district court must comply with the appellate court's order and include the affirmative finding of family violence in Fabian's judgment. If the district court fails to do so, the appellate court's writ will be issued. There are currently no indications of an appeal being filed against this ruling.