This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.
A person convicted of a domestic violence offense in Houston may be ordered to pay restitution for financial losses caused by the offense. Restitution is money paid to compensate a victim for certain losses connected to the crime, such as medical expenses, counseling costs, damaged property, or other qualifying expenses.
Restitution is separate from criminal fines and court costs. It is intended to address the victim’s losses rather than punish the defendant.
Under Texas Code of Criminal Procedure Article 42.037, a court sentencing a defendant may order restitution to a victim of the offense. If the court does not order restitution, or orders only partial restitution, it generally must explain why on the record.
For someone facing a family violence charge in Houston, restitution can therefore become an important part of sentencing, probation, or a negotiated case resolution.
Restitution is a court-ordered payment tied to losses caused by a criminal offense.
In a domestic violence case, that might include expenses resulting from an alleged assault, damage to property during the incident, or other documented financial losses directly connected to the offense.
The purpose is different from a fine.
A fine is money paid as part of the criminal punishment.
Restitution is intended to compensate a victim for qualifying losses.
A defendant may therefore be ordered to pay both.
Not necessarily.
Texas Article 42.037 gives the sentencing court authority to order restitution to a victim. The amount and scope depend on the facts of the case and the losses that can legally be attributed to the offense.
This means there is no standard restitution amount for every Houston domestic violence case. One case may involve only modest medical expenses. Another may involve extensive treatment, counseling, lost property, or other substantial costs.
The exact restitution order depends on what losses resulted from the offense. Texas law provides different forms of restitution depending on whether the crime caused personal injury or property loss.
If the offense caused personal injury, the court may order restitution for expenses the victim incurred because of the offense.
Depending on the facts, this could include expenses involving:
The claimed expense still needs to be connected to the offense. A restitution order generally cannot simply include unrelated medical costs.
Domestic violence allegations can also involve counseling or psychological treatment expenses.
Texas law specifically allows courts in certain family violence community-supervision cases to require a defendant to pay all or part of the reasonable counseling costs incurred by the victim because of the offense, when the defendant is financially able to pay.
Counseling expenses may also be relevant under the broader restitution rules when they are incurred as a result of the offense.
Domestic violence incidents sometimes involve damage to phones, doors, furniture, vehicles, clothing, or other property.
When an offense causes property damage, loss, or destruction, Article 42.037 allows a court to order the property returned or, when that is not practical or adequate, order payment based on the property’s value.
That means restitution is not limited to physical injuries.
The Texas Crime Victims’ Compensation system recognizes a broader range of crime-related financial losses, including certain medical and psychiatric care, lost earnings, necessary travel, dependent care, and crime-scene cleaning expenses.
Not every category available through Crime Victims’ Compensation automatically becomes restitution in a criminal case. The sentencing court must determine what losses are legally recoverable from the defendant under the restitution statutes.
A judge does not simply choose a number without considering the claimed loss.
Texas law requires the court to consider the amount of loss sustained by the victim when determining restitution. It can also consider payments already made by the state’s Crime Victims’ Compensation fund.
The amount should therefore have a factual connection to the crime.
Evidence may include:
Yes.
Restitution is part of the criminal sentencing process, and a defendant may dispute whether a particular expense was caused by the offense or whether the amount being requested is supported by the evidence.
For example, questions may arise over:
These disputes can become important when the requested restitution is substantial.
Yes, particularly when the court determines how restitution will be paid.
Texas law allows a judge to require restitution immediately, over a specified period, or through installments. Article 42.037 also contains rules governing the deadlines for completing those payments.
In certain specific restitution statutes, Texas law expressly requires courts to consider the defendant’s financial circumstances when deciding the manner of payment.
The defendant should therefore make sure the court has accurate information about income, employment, financial resources, and other obligations when payment terms are being considered.
The exact payment procedure depends on the court order.
Article 42.037 allows restitution to be routed through an agency that forwards the money to the victim, paid directly to an eligible recipient in appropriate circumstances, or delivered through a community supervision and corrections department for transfer.
Harris County also operates a Criminal Collections division that handles court-ordered financial obligations and establishes payment plans for certain cases as directed by criminal courts.
Defendants should follow the payment instructions in their judgment or community supervision paperwork rather than sending money directly to the alleged victim on their own.
That is particularly important in a family violence case.
Not unless the court order specifically allows it and your lawyer confirms that doing so will not violate another order.
A Houston domestic violence defendant may be subject to:
Trying to personally deliver restitution could potentially create a separate problem if direct contact is prohibited.
Follow the official payment process established by the court.
Yes.
Restitution and the Texas Crime Victims’ Compensation Program are related but separate.
The Crime Victims’ Compensation Program, administered by the Texas Attorney General, may help eligible victims of violent crime with qualifying costs such as medical bills, counseling, and lost wages.
The state may provide assistance before the defendant has paid anything. Restitution, by comparison, is ordered against a defendant through the criminal case.
Texas law accounts for this situation.
A sentencing court may order restitution to the Crime Victims’ Compensation fund to the extent the fund already paid compensation to or on behalf of the victim.
The Attorney General also treats restitution as a collateral source when determining Crime Victims’ Compensation benefits, helping prevent duplicate recovery for the same expense.
In practical terms, a defendant may sometimes be ordered to reimburse the state fund rather than paying that same expense directly to the victim.
No. Restitution is part of a criminal case.
A civil lawsuit is a separate legal proceeding in which a person seeks damages from another party. The fact that restitution is ordered does not necessarily resolve every potential civil claim arising from the incident.
Likewise, a civil settlement does not automatically erase a criminal restitution issue.
Any overlap between a civil recovery and criminal restitution should be reviewed carefully to avoid improper duplicate recovery for the same loss.
No. These financial obligations serve different purposes.
A fine is a criminal penalty paid to the government. Restitution is intended to compensate a victim or another qualifying recipient for losses related to the offense.
A defendant could potentially owe:
Those amounts can add up quickly, especially in a case involving lengthy probation or significant documented losses.
Yes. When a defendant is placed on community supervision, payment of court-ordered restitution may become a condition of that supervision.
Article 42.037 provides that if a defendant is placed on community supervision, restitution ordered under the statute must be made a condition of that supervision. This means restitution is not simply an informal debt that can be ignored. Failure to comply can potentially affect the defendant’s probation.
A person should not simply stop making payments without addressing the problem through the proper legal process.
Texas law allows courts to consider several factors when determining whether failure to pay restitution should lead to revocation of community supervision. Those factors include:
This distinction matters.
A person who deliberately refuses to comply with a restitution order may be in a very different position from someone who has lost a job, suffered a financial emergency, or genuinely cannot make the required payment.
Contact your criminal defense lawyer or supervision officer promptly. Do not wait until a probation violation proceeding has already begun. Depending on the circumstances, it may be possible to address payment terms with the appropriate court or agency.
Keep documentation showing any legitimate financial problem, such as:
Potentially, but inability to pay and refusal to pay are not treated as exactly the same thing.
Texas law permits revocation for failure to comply with restitution requirements, but requires consideration of the defendant’s financial circumstances and whether the failure was willful.
For that reason, defendants facing an alleged restitution violation should not assume revocation is inevitable. The facts surrounding the missed payments matter.
Financial conditions may also be imposed when a defendant receives deferred adjudication community supervision. The specific terms depend on the offense, plea agreement, court orders, and applicable statutes.
A defendant considering deferred adjudication should therefore look beyond whether the disposition avoids an immediate conviction. The full terms may include restitution, counseling, family violence intervention programs, no-contact requirements, court costs, and other conditions.
Understanding those obligations before entering a plea is important.
Texas has a separate restitution provision addressing certain child witnesses of family violence.
Under Article 42.0373, when the statutory requirements are met, a court must order restitution equal to the cost of necessary rehabilitation for the qualifying child, including medical, psychiatric, and psychological care and treatment.
This can increase the financial consequences of some domestic violence cases even when the child was not the person allegedly assaulted.
Yes. Restitution can be an important part of plea negotiations.
A proposed resolution may address:
A defendant should understand those terms before accepting an agreement. An apparently favorable plea can still carry significant long-term financial obligations.
Do not assume you have to accept whatever amount is initially requested. Your attorney can review the claimed expenses and determine whether they are legally and factually connected to the criminal case.
Useful questions include:
These questions can matter both before sentencing and when negotiating a resolution.
Restitution can become a significant part of a domestic violence case in Houston.
A Texas court may order a defendant to compensate a victim for qualifying losses resulting from the offense, including certain personal-injury expenses or property damage. Restitution can also become a condition of community supervision, and failure to comply may create additional problems if it is not addressed properly.
At the same time, the amount must be tied to legally recoverable losses. A defendant may have grounds to challenge expenses that are unsupported, unrelated to the offense, already compensated from another source, or otherwise improper.
If you are facing a family violence charge in Houston and restitution is being requested, LaVine Law Firm can review the claimed losses, explain how restitution may affect your case, and help you understand your options before sentencing or a plea.
Call 713-965-7305 to speak with LaVine Law Firm about your Texas criminal case.
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