Continuous Violence Against the Family

Continuous Family Violence Defense in Denton and Collin County

Continuous violence against the family is one of the most serious family violence charges in Texas. Under Texas Penal Code § 25.11, the State can charge you with a third-degree felony, punishable by 2 to 10 years in prison, if it alleges you assaulted a family member, household member, or dating partner two or more times within 12 months. Each alleged assault might have been a misdemeanor on its own. Together, they become a felony.

The Law Office of Al Rowland, PLLC, has represented people accused of crimes in Collin and Denton County since 2015. Attorney Al Rowland is a former police officer and prosecutor, so he knows how prosecutors build these cases from past incidents, old police reports, and 911 calls. If you have been charged with continuous family violence in Frisco, McKinney, Plano, Denton, or anywhere in North Texas, call (469) 895-6555 for a free, confidential consultation.

Why You Need a Defense Lawyer for This Charge

A continuous violence charge often surprises people. You may have been arrested for what seemed like a single incident, only to learn the State is also relying on an earlier argument, a past police call, or an incident that was never charged at all. The earlier assaults do not need to have led to an arrest or conviction. Prosecutors only need to prove to a jury that at least two qualifying assaults happened within a 12-month period, and jurors don’t have to agree on which specific incidents they were.

Because the State is trying to prove a pattern, these cases require a defense that examines every alleged incident, not just the most recent one. A defense lawyer can:

Identify every incident the State is relying on and test the evidence for each one
Challenge whether each alleged incident was actually an assault causing bodily injury
Examine the dates to see whether the incidents really fall within a 12-month window
Challenge statements, recordings, and old reports the State may not be allowed to use
Seek changes to bond conditions and protective orders
Negotiate for a dismissal or a reduction to a misdemeanor, or prepare the case for trial

What Is Continuous Violence Against the Family?

Under Texas Penal Code § 25.11, a person commits continuous violence against the family if, two or more times during a period of 12 months or less, they commit assault causing bodily injury against someone they have a qualifying relationship with. To convict, the State must prove:

Two or more assaults: Each must be an assault causing bodily injury under Penal Code § 22.01(a)(1). Threats and offensive contact alone don’t count.
A qualifying relationship: The alleged victim must be a family member, a household member, or a current or former dating partner. The assaults can involve different people, as long as each one has a qualifying relationship to you.
Within 12 months: All of the alleged assaults the State relies on must fall within a period of 12 months or less.

Bodily injury includes physical pain, so the State does not have to prove visible injuries for any of the incidents. For more on the underlying offense, see our assault defense page.

Penalties for Continuous Family Violence

Continuous violence against the family is a third-degree felony. If you are convicted, you face:

2 to 10 years in prison
A fine of up to $10,000
A permanent felony record

A conviction also brings serious lasting consequences, including the loss of your right to possess firearms, possible effects on custody and visitation, problems with employment and housing, and serious immigration consequences for non-citizens. Family violence offenses generally can’t be sealed through an order of nondisclosure, which makes the outcome of your case even more important.

Defenses to Continuous Family Violence Charges

Because the State has to prove at least two separate assaults, there are often more places to challenge its case than in a single-incident charge. Depending on the facts, defenses may include:

Insufficient evidence of an earlier incident: If the State cannot prove a second qualifying assault, the felony charge fails.
The 12-month window: If the incidents fall more than 12 months apart, they cannot support this charge.
No bodily injury: An argument, threat, or push without pain or injury does not qualify.
Self-defense or defense of others: Texas law allows force you reasonably believe is immediately necessary to protect yourself or another person.
No qualifying relationship: The State must prove each alleged victim was a family member, household member, or dating partner.
Credibility and inconsistent accounts: Changing stories, motives such as custody disputes, and a lack of independent evidence can raise reasonable doubt.
Constitutional and evidentiary challenges: Old statements and recordings may not be admissible if the person who made them does not testify.

Contact a Frisco Family Violence Defense Lawyer Now

A continuous violence charge puts your freedom, your family, and your future at risk. Don’t face it alone. Contact the Law Office of Al Rowland, PLLC, at (469) 895-6555 or online for a free, confidential consultation. Learn more about our domestic violence defense practice. We defend family violence charges throughout Collin County and Denton County.