Is Continuous Family Violence a Separate Crime?

 Posted on June 20, 2025 in Family & Domestic Violence

You have likely heard of domestic assault as a criminal charge, but you might not be familiar with the crime of continuous family violence. Yet this is indeed a crime in Texas, and if you are facing these charges you are dealing with one of the most serious domestic violence offenses in the state.

This felony charge carries severe penalties and can dramatically impact your future, making it crucial to understand what you are up against. An experienced Decatur, TX domestic violence criminal defense attorney can defend you if you have been charged with this serious crime.

What Constitutes Continuous Family Violence?

Under Texas Penal Code Section 25.11, continuous family violence occurs when someone commits two or more acts of family violence within a 12-month period. The prosecution does need to prove the exact dates of each incident. It only needs to show that multiple acts occurred during this timeframe against family or household members.

Family or household members include current or former spouses, people in dating relationships within the past six months, family members by blood or marriage, people who live together, or those who share a child together.

The underlying acts can include various offenses such as assault, aggravated assault, sexual assault, stalking, or violating protective orders. Importantly, you do not need to have been convicted of the previous incidents for them to count toward a continuous family violence charge.

Why Does the Continuous Family Violence Charge Exist?

Texas created this offense to address the reality that domestic violence often involves patterns of repeated behavior rather than isolated incidents. Prosecutors use this charge when they have evidence of ongoing abuse but may lack complete evidence for individual incidents, or when previous charges were dismissed or reduced.

What Penalties Can You Face for Continuous Family Violence?

Continuous family violence is a third-degree felony in Texas, carrying potential penalties of:

• Two to 10 years in prison

• Fines up to $10,000

• Loss of gun rights

• Immigration consequences for non-citizens

• Difficulty finding employment or housing

In certain circumstances, continuous family violence can even be a first- or second-degree felony.

What Defense Strategies Can You Use for Continuous Family Violence Charges?

Effective defense strategies may include challenging the timeline of alleged incidents, questioning the credibility of witnesses, examining whether the acts actually constitute family violence under Texas law, or demonstrating that incidents were isolated rather than part of a pattern.

Each case requires careful analysis of the evidence, witness statements, and circumstances surrounding each alleged incident.

Call a Decatur, TX Domestic Violence Defense Attorney

Continuous family violence charges demand immediate attention from a qualified criminal defense attorney. If you are facing these charges, contact an experienced San Marcos, TX criminal defense attorney. At Godwin Law Firm, PLLC, Attorney Timothy D. Godwin understands Texas domestic violence laws and can protect your rights throughout the legal process. Call the law firm at 940-255-0000 for a free and confidential consultation.