The Texas Continuous Violence Against the Family law gives police the right to arrest you if they believe you assaulted a family member, broadly defined, and caused bodily injury on two or more occasions within a twelve month period.
FAQs about the
Continuous Violence Against the Family law in Texas
- What is the current Texas law about Continuous Violence Against the Family?
- How can I be charged with a Continuous Violence Against the Family offense in Texas?
- What is the statute of limitation for Continuous Violence Against the Family in Texas?
- What is the penalty for a Texas Continuous Violence Against the Family offense?
- Can you get probation for Continuous Violence Against the Family in Texas?
- What level of crime is Continuous Violence Against the Family in Texas?
The Texas legislature codified this criminal offense in Texas Penal Code Section 25.11. The legislature did not update this law in 2023. In fact, this law has not been amended since 2019, when the legislature added language to the statute specifying that jurors do not have to agree on the county in which each instance of the conduct occurred.
The Penal Code classifies the Texas Continuous Violence Against the Family law under Title 6 “Offenses Against The Family,” Chapter 25 “Offenses Against The Family.” This chapter includes crimes that focus on familial, parent, and spousal relationships. Some of the offenses relate to sexual or violent behavior, while others deal with custody and possession of children. Learn more about the Texas offense of Continuous Violence Against the Family below.
What is the current Texas law about Continuous Violence Against the Family?
Texas law currently defines the offense of Continuous Violence Against the Family in Penal Code Section §25.11 as follows:[1]
(a) A person commits an offense if, during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes an offense under Section 22.01(a)(1) against another person or persons whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code.
How can I be charged with a Continuous Violence Against the Family offense in Texas?
You can be charged with Continuous Violence Against the Family in Texas if the state’s attorneys believe that each of the elements of 25.11(a) as described in the section above have been met.
What is the statute of limitation for Continuous Violence Against the Family in Texas?
Continuous Violence Against the Family has a five year limitations period under Texas law.[2]
What is the penalty for a Texas Continuous Violence Against the Family offense?
A conviction for Continuous Violence Against the Family is punished as a Felony of the Third Degree,[3] with a maximum possible fine of up to $10,000 and prison time of up to 10 years.
Can you get probation for Continuous Violence Against the Family in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Continuous Violence Against the Family, and judges are also allowed to accept deferred adjudication plea deals.[4]
Note, however, that judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.[5]
What level of crime is Continuous Violence Against the Family in Texas?
The Penal Code classifies the punishment for Continuous Violence Against the Family as a third degree felony.
Learn more about the penalty range for this offense in the section above.
Legal References:
^1. Texas Penal Code §25.11. This law is current as of 2024.^2. Code of Criminal Procedure 12.01(4)(E) or (4)(G)^3. Texas Penal Code §25.11(e)^4. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^5. Art. 42A.054(b), Texas Code of Criminal Procedure
