What Is Continuous Family Violence in Texas?

Domestic violence accusations are some of the most serious you can face. However, in some cases, a charge of domestic violence may be issued mistakenly or without sufficient proof. If you are facing a charge of continuous family violence in Texas, it is important to know what you are facing in the justice system and the opportunity you have to mount an effective defense with help from an experienced family law attorney.

Per Texas Penal Code Section 25.11, a person can be charged with continuous family violence if he or she is accused of assaulting a member of the family or household at least two times within a period of 12 months. These incidents may occur over a very short space of time, such as a few days or weeks, or even on one single day. In addition, the charge of continuous family violence can apply if each incident of violence is performed against a different family member. The charge may also apply if none of the multiple assaults have previously resulted in a charge.

The charge can also apply if the allegation is against one person having assaulted multiple family members during one incident. In this situation, instead of a misdemeanor assault, the charge filed may be a third degree felony for continuous family violence assault. Family members often request protective orders from the perpetrator when such violence has occurred.

Continuous family violence in Texas can occur when the violence is perpetrated a spouse, other blood relatives, and:

• Parents of children, regardless of marriage
• Former spouse
• Foster parents
• Foster children
• Boyfriend or girlfriend
• Individual in a dating relationship

Under Texas law, the persons mentioned above may be considered family members, even if they do not live together.

What is Rachel’s Law?

Rachel’s Law was passed to honor a certain victim of family violence, and allows the district attorney to charge continuous family violence against a family member even if each of the alleged assaults occurred in different counties.

What are the penalties for conviction of continuous violence against the family?

In Texas, continuous family of violence is charged as a third-degree felony, carrying upon conviction a prison sentence of 2 to 10 years, and a maximum fine of $10,000.

By comparison, a first-time domestic assault is classified as a Class a misdemeanor, carrying upon conviction a jail sentence of one year and a maximum fine of $4,000, or both.

A quick comparison of the penalties between these two crimes makes it clear that continuous family violence in Texas is considered a much more serious domestic violence crime than a single crime of domestic assault.

Defending against a continuous family violence charge

In the midst of family turmoil, such as child custody, divorce proceedings, or other heated arguments, some people choose to make false allegations, including domestic assault allegations, even when no violence has occurred.

Unfortunately, in these situations, even if the accuser decides to withdraw the accusations due to a change of heart, he or she may not do so. The prosecutor alone has the authority to drop a current charge. That is usually not done because the accuser asks for it to be done.

If you or someone you love is facing a false allegation of continuous family violence or another domestic assault charge, you need strong legal representation to refute the charge made by the state. Our Killeen domestic assault attorneys at the Mary Beth Harrell Criminal Defense and DWI Lawyers have the experience you need to fight the charge arrayed against you. To arrange a consultation about your case, call us today at 254.680.4655 or reach us through our contact form. We serve clients in Killeen, Harker Heights, Copperas Cove, and throughout Central Texas.