Continuous Violence Against The Family: Why Charges Are More Severe
Continuous Violence Against The Family: Why Charges Are More Severe
Facing allegations of continuous violence against the family in Galveston County is one of the most serious situations a person can encounter under Texas criminal law. Unlike a single domestic violence allegation, this offense is structured to punish repeated conduct over time. Prosecutors often pursue these cases aggressively, and the consequences can be severe even when the alleged incidents are relatively minor on their own.
Many people are surprised to learn that the State does not need to prove exact dates or even unanimous agreement about each alleged incident. This makes defending these charges more complex and increases the stakes significantly. If you are under investigation or have already been charged in Galveston or throughout the Houston area, understanding how Texas law treats these allegations is essential to protecting your future.
What Is Continuous Violence Against The Family In Texas
Continuous violence against the family is defined under Texas Penal Code §25.11. This statute allows prosecutors to charge a person with a felony when two or more acts of family violence occur within a 12-month period.
Under Texas Penal Code §25.11(a), a person commits continuous violence against the family if:
- The person commits two or more acts of family violence.
- The acts occur within a 12-month period.
- The acts are committed against a family member, household member, or dating partner.
Importantly, the law does not require the State to prove the exact dates of each incident. Under Texas Penal Code §25.11(d), jurors are not required to unanimously agree on which specific acts occurred, only that two or more acts happened within the required time period.
This structure gives prosecutors a significant advantage and is one reason these charges are treated so seriously.
Why Continuous Violence Charges Are More Severe
Continuous violence against the family is charged as a third-degree felony under Texas law. According to Texas Penal Code §12.34, a third-degree felony carries:
- 2 to 10 years in prison
- Up to $10,000 in fines
- Possible probation under certain circumstances
These penalties are far more serious than many individual family violence offenses, which may otherwise be charged as misdemeanors.
Another reason these charges are more severe is the potential for enhanced penalties if additional factors are present, including:
- Prior family violence convictions
- Allegations involving strangulation
- Violations of protective orders
- Use of weapons
- Allegations involving children
Prosecutors often use the continuous violence statute when they believe a pattern of behavior exists, even if the individual incidents would not normally result in felony charges.
What Counts As Family Violence Under Texas Law
To understand continuous violence allegations, it is important to understand how Texas defines family violence.
Texas Family Code §71.004 defines family violence as:
- An act intended to result in physical harm
- Bodily injury
- Assault
- Threats that place a person in fear of imminent harm
Family violence can involve spouses, former spouses, dating partners, family members, or individuals living in the same household.
Because the definition is broad, allegations that might otherwise appear minor can still qualify under the statute.
How Prosecutors Build Continuous Violence Cases
Prosecutors in Galveston County often rely on multiple sources of evidence when building continuous violence cases. These cases frequently involve:
- Statements from alleged victims
- 911 recordings
- Police reports
- Photographs of injuries
- Medical records
- Witness statements
- Text messages or social media communications
- Body camera footage
Because the State does not need to prove exact dates, prosecutors may rely heavily on testimony describing a pattern of behavior.
This is one reason early legal representation can make a meaningful difference.
Unique Legal Challenges In Continuous Violence Cases
Continuous violence allegations present several unique challenges that differ from standard assault cases.
No Requirement For Specific Dates
Under Texas Penal Code §25.11, the State is not required to prove the specific dates of each alleged incident. This makes it more difficult to prepare a defense because the allegations may be vague.
Jury Does Not Need To Agree On Specific Incidents
Jurors only need to agree that two or more acts occurred within 12 months. They do not need to agree on the same two incidents. This is unusual and increases the risk of conviction.
Allegations May Be Based On Old Events
Sometimes, prosecutors rely on allegations that were never previously reported. These claims can be difficult to verify or disprove.
Because of these challenges, the defense strategy must focus on credibility, consistency, and legal issues.
Defenses To Continuous Violence Against The Family Charges
Every case is different, but several defense strategies frequently arise in these cases.
Challenging the Credibility Of Allegations
Many continuous violence cases rely heavily on testimony. We carefully evaluate:
- Inconsistent statements
- Motives to fabricate
- Custody disputes
- Divorce proceedings
- Prior false allegations
When credibility becomes an issue, reasonable doubt can emerge.
Lack Of Evidence
In some cases, there may be little or no physical evidence. When allegations rely solely on testimony, the defense may highlight the lack of corroboration.
Self-Defense
Texas law allows individuals to defend themselves. Texas Penal Code §9.31 provides that a person is justified in using force to protect themselves in certain circumstances.
If the evidence supports self-defense, this may significantly impact the case.
False Allegations During Divorce Or Custody Disputes
Family violence allegations sometimes arise during emotionally charged situations. These cases require careful review of communications, timelines, and motives.
Protective Orders And Bond Conditions
After an arrest for continuous violence, courts often impose strict bond conditions. These may include:
- No contact with the alleged victim
- Removal from the home
- Firearm restrictions
- GPS monitoring in some cases
Violating these conditions can lead to additional charges.
Protective orders may also be requested under Texas law. These orders can affect custody, housing, and employment.
Long-Term Consequences Of A Conviction
A felony conviction for continuous violence against the family can have lasting consequences, including:
- Permanent felony record
- Difficulty finding employment
- Housing restrictions
- Professional license issues
- Firearm restrictions under federal law
- Immigration consequences for non-citizens
Because the stakes are so high, a strong defense strategy is critical from the beginning.
What To Expect In Galveston County Courts
Continuous violence cases typically proceed through several stages:
- Arrest or warrant
- Magistrate hearing
- Bond conditions
- Grand jury review
- Arraignment
- Pretrial hearings
- Trial or negotiated resolution
Each stage presents opportunities to challenge the allegations and protect your rights.
Frequently Asked Questions About Continuous Violence Against The Family
What Is Continuous Violence Against The Family In Texas?
Continuous violence against the family occurs when a person is accused of committing two or more acts of family violence within a 12-month period under Texas Penal Code §25.11. Unlike a single assault allegation, this charge focuses on an alleged pattern of behavior. The State does not need to prove exact dates, and jurors do not need to agree on specific incidents. This makes the charge more complex and often more difficult to defend without legal representation.
Is Continuous Violence Against The Family A Felony In Texas?
Yes. Continuous violence against the family is typically charged as a third-degree felony. A conviction can result in 2 to 10 years in prison and fines up to $10,000. In addition to criminal penalties, a felony conviction can create long-term consequences affecting employment, housing, and professional licensing.
Can The Charges Be Dropped If The Alleged Victim Does Not Want To Proceed?
Not necessarily. In Texas, prosecutors decide whether to pursue charges. Even if the alleged victim does not want to move forward, the State may still proceed using other evidence such as 911 recordings, officer testimony, or photographs.
What If There Are No Injuries?
A lack of injuries does not automatically prevent charges. Texas law defines family violence broadly, and allegations involving threats or minor physical contact may still qualify. However, lack of injuries can be an important factor in building a defense.
Can I Be Charged Without Being Arrested?
Yes. Prosecutors may file charges after reviewing reports and evidence. A warrant may then be issued for arrest.
Can Continuous Violence Charges Be Reduced?
Depending on the evidence, negotiation may be possible. Weaknesses in the case, credibility issues, or legal defenses may influence potential outcomes.
Will I Be Allowed To See My Family After Arrest?
Bond conditions often restrict contact with the alleged victim. Courts may modify these conditions depending on the circumstances.
What Happens If I Am Convicted?
A conviction may result in prison, probation, fines, and long-term consequences. Each case depends on the facts and criminal history.
Do I Need A Lawyer For Continuous Violence Charges?
Yes. These cases are complex and carry serious consequences. Early legal representation can help protect your rights and build a defense.
Speak With Mark Diaz & Associates About Your Case
If you are facing allegations of continuous violence against the family in Galveston County or anywhere in Houston, you should act quickly. Mark Diaz & Associates defends individuals facing serious criminal charges and works to protect your rights at every stage of the case.
When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.
Call our Galveston criminal defense lawyer at Mark Diaz & Associates today by calling 409-515-6170 to schedule your free consultation.
(409) 515-6170