In Texas, family violence is a serious offense that can lead to severe consequences. If you or someone you know is facing charges related to family violence, understanding the legal framework and potential penalties is crucial. One of the more serious charges under Texas law is continuous family violence, which is classified as a third-degree felony. This guide will explain what continuous family violence means, how it is defined under Texas law, and the potential legal consequences.

What is Family Violence in Texas?

Family violence in Texas refers to any act of abuse, physical violence, or threats committed against a member of one’s family or household. Family violence is not limited to physical harm but includes any behavior intended to control or intimidate another person. Under Texas law, family violence can involve spouses, children, parents, dating partners, or even roommates who live together in the same household.

The Texas Penal Code defines family violence as when a person commits assault or other violent offenses against a family member or household member, including emotional, physical, and sexual abuse. The penalties for these offenses can vary, depending on the severity and circumstances.

Continuous Family Violence and Its Definition

The charge of continuous family violence is defined under Texas penal code § 25.11. This statute is particularly important because it applies when an individual has committed multiple acts of domestic violence within a 12-month period. The charge enhances penalties for those who engage in a pattern of violent conduct towards their family members, household members, or romantic partners.

To be charged with continuous family violence, an individual must have committed at least two separate acts of violence against the same person (or people within the same household) within the past 12 months. These acts must fall under the category of assault under Texas Penal Code § 22.01, which involves intentionally, knowingly, or recklessly causing bodily injury to another person.

What Constitutes “Continuous” Family Violence?

Under Section 25.11, a person can be charged with continuous family violence if, over a period of 12 months or less, they engage in two or more acts of violence against a family member, household member, or someone with whom they have a dating relationship. The key point is that these acts must occur within a 12-month window.

For example, if someone assaults their spouse twice within a year—perhaps once in January and again in June—they may be charged with continuous family violence under Texas Penal Code § 25.11.

Types of Relationships Covered by Texas Family Violence Laws

Texas law is specific about the relationships covered under the family violence statute. The Texas Family Code provides detailed definitions for what constitutes a "family" or "household." These definitions are crucial for determining whether the parties involved in the violence are protected under the law.

1. Family Members: Family members include individuals related by blood, marriage, or adoption. This includes parents, children, siblings, grandparents, and others.
   
   
2. Household Members: A household member is anyone who lives in the same home as the defendant, regardless of whether they are related by blood or marriage. This could include roommates, foster children, or anyone sharing a residence.
   
   
3. Dating Relationships: A dating relationship, as defined under Texas law, is a romantic or intimate relationship between two individuals. The nature, frequency, and duration of the relationship help determine whether it qualifies under family violence laws.

Third-Degree Felony for Continuous Family Violence

If someone is charged with continuous family violence under Texas Penal Code § 25.11, the offense is a third-degree felony. This charge carries significant penalties, and it is important for defendants to understand the potential consequences.

A third-degree felony in Texas is punishable by:

• 2 to 10 years in prison in the Texas Department of Criminal Justice.
• A fine of up to $10,000.

In cases where the defendant has committed prior offenses or has additional aggravating factors (like the use of a weapon or causing serious injury), the penalties can be even more severe. The seriousness of the charge stems from the fact that continuous family violence involves a pattern of abusive behavior, rather than a single isolated incident.

Units of Prosecution in Continuous Family Violence Cases

In legal terms, a "unit of prosecution" refers to the specific conduct or action for which a defendant is being charged. Under Section 25.11, there are guidelines for how charges for continuous family violence should be prosecuted.

Importantly, a person cannot be charged multiple times for the same underlying acts of violence. This means that if someone commits multiple assaults within the same 12-month period, only one charge of continuous family violence will be brought against them. However, the charge can still encompass all the individual acts of assault committed during that time.

For instance, if a person assaults a family member on three separate occasions in a year, they can only be charged once under the continuous family violence statute, but all three instances of assault will be considered under that charge.

Defenses to Continuous Family Violence Charges

If you or someone you know is facing charges of continuous family violence, it is essential to understand potential defenses. Some possible defenses against continuous family violence charges include:

1. False Allegations: In some cases, the victim may have falsely accused the defendant of family violence. This can happen due to personal disputes or other motivations. A thorough investigation may reveal that the charges are not based on truth.
   
   
2. Self-Defense: In certain situations, a defendant may have acted in self-defense or in defense of another person. If the defendant was being attacked or threatened, they may have had the legal right to defend themselves.
   
   
3. Lack of Evidence: If the prosecution cannot provide sufficient evidence to prove that the defendant committed the alleged acts of violence, the charges may be dropped or reduced. This could include a lack of physical evidence or witnesses.
   
   
4. Inconsistent Testimony: If the victim's testimony is inconsistent or unreliable, it may be difficult for the prosecution to prove the case. This could involve contradictions in the victim’s account or a lack of corroborating evidence.

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If you or a loved one is charged with this offense in Fort Bend, TX, it is critical to consult with an experienced Fort Bend criminal defense attorney. A legal professional can help you understand your rights, explore potential defenses, and work to achieve the best possible outcome in your case.

At Lawrence Law Firm, PLLC, we are dedicated to providing strong, compassionate representation for individuals facing charges related to family violence in Texas. If you or someone you know is facing charges for continuous family violence, don’t hesitate to reach out for a free consultation. We are here to help navigate this complex legal process and defend your rights every step of the way.

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