Continuous Violence Against the Family Charges in Texas

Criminal defense lawyer near you explaining continuous family violence charges to a client in Texas

Continuous Violence Against the Family Charges in Texas

In Texas, assault involving family violence becomes significantly more serious when prosecutors believe it’s part of a pattern. If you’ve been accused of multiple domestic assaults within a short timeframe, you could be facing a charge known as Continuous Violence Against the Family—a felony offense that carries steep penalties, even if each incident involved only minor injuries.

These charges are becoming increasingly common in Harris County and Galveston County, especially when Child Protective Services (CPS) or police respond to repeated domestic disturbance calls. If you’re under investigation or already facing this charge, your next step should be contacting a criminal defense lawyer near you immediately.

In this post, we’ll break down:

  • What “continuous violence against the family” means under Texas law

  • How this charge differs from simple assault or assault–family violence

  • Penalties for a conviction

  • Real-world examples of how these charges are filed

  • Defense strategies and legal options

  • How local courts handle these cases

What Is Continuous Violence Against the Family?

Under Texas Penal Code §25.11, a person can be charged with Continuous Violence Against the Family if they:

  • Commit two or more assaults within a 12-month period

  • The assaults are against a family or household member

  • The assaults are separate incidents, and do not need to result in arrest or conviction

  • No requirement that the same victim was involved in each incident

This means you can be charged—even if:

  • You were not convicted of the previous assaults

  • No weapon or serious injury was involved

  • Each incident was treated as a misdemeanor on its own

The State only has to prove that two or more family violence assaults occurred during the prior 12 months, even if neither was previously prosecuted.

Who Counts as a Family or Household Member?

Under Texas Family Code §71.003, this includes:

  • Spouses or former spouses

  • Dating or romantic partners (past or present)

  • Parents of the same child

  • Relatives by blood or marriage

  • Roommates or others living in the same household

Even someone you no longer live with or date can be the alleged victim in a qualifying incident.

What Is the Legal Classification?

Continuous Violence Against the Family is a third-degree felony, even if each individual assault would have been a Class A misdemeanor.

Penalties Include:

  • 2 to 10 years in prison

  • Up to $10,000 in fines

  • Mandatory criminal record labeled “Family Violence”

  • Potential protective orders and firearm restrictions

  • Lifetime impact on employment, custody, immigration, and housing

These penalties apply regardless of whether the alleged injuries were serious or if the victim now wants to drop the case.

Real-Life Examples of Continuous Family Violence

Example 1:

A man is accused of slapping his girlfriend during an argument in March and pushing her during a separate incident in August. Police were called both times, but no charges were filed until the second event. Prosecutors review both police reports and charge him with Continuous Violence Against the Family.

Example 2:

A woman is arrested in Galveston for allegedly scratching her partner during an argument. CPS investigates and discovers a prior incident from earlier that year when the same partner reported being shoved during a fight. She is now facing a felony charge.

Example 3:

A couple argues frequently. The alleged victim makes two 911 calls within a year—one for a verbal threat and one for physical contact. No visible injuries were documented in either call, but prosecutors proceed with charges based on the victim’s testimony and police reports.

In each of these cases, the pattern of behavior, not the severity of injury, is what triggers felony prosecution.

How Harris and Galveston Counties Handle These Charges

In Harris County:

  • The Family Criminal Law Division has specialized prosecutors dedicated to domestic violence cases

  • Prosecutors review 911 calls, CPS reports, and prior police contact—even if no charges were filed

  • Bond conditions often include no-contact orders, GPS monitoring, and mandatory counseling

In Galveston County:

  • Judges and prosecutors may take a conservative approach, especially if children are present in the home

  • Defendants are often held on high bond or denied bail if the accusations involve strangulation or weapons

  • Even first-time felony offenders may face prison time rather than probation

These charges are aggressively prosecuted, particularly in households where the alleged victim is perceived as vulnerable or reluctant to testify.

What Makes This Charge Unique?

Several legal features distinguish this offense:

  • No prior convictions required: Prosecutors only need evidence that multiple assaults occurred—not that you were found guilty of them

  • Different victims allowed: The two alleged assaults can involve different people, as long as both meet the family/household relationship criteria

  • No requirement for consecutive dates: The events don’t have to happen back-to-back—they can be months apart, as long as they fall within the same 12-month window

This flexibility makes it easier for prosecutors to build a case—and harder for unrepresented defendants to understand what they’re facing.

Defense Strategies for Continuous Violence Against the Family

If you’re facing this charge, an experienced lawyer near you can explore several potential defenses:

No Proof of Multiple Assaults
The prosecution must establish at least two separate incidents—and they must qualify as legal assaults. If one incident lacks sufficient evidence, the charge could fall apart.

Self-Defense or Mutual Combat
Texas law allows self-defense in domestic situations. If both parties were physically involved, or if you were defending yourself, this may apply.

False Allegations or Recanting Victims
It’s common for domestic allegations to arise during divorces, custody battles, or breakups. Your attorney can challenge credibility, examine motives, and gather digital evidence or witness testimony.

Lack of Intent or Accidental Injury
To convict, prosecutors must prove the assault was intentional, knowing, or reckless. Accidental contact or misinterpreted behavior may not meet that threshold.

Violation of Your Rights
Your attorney can review whether police violated your Miranda rights, searched your property without a warrant, or failed to collect exculpatory evidence.

Even if one of the two alleged incidents is dismissed or disqualified, the entire charge may collapse.

Why You Need a Criminal Defense Lawyer Near You

This isn’t just a more serious misdemeanor—it’s a felony charge that could land you in prison, strip you of your parental rights, cost you your job, and create a permanent criminal record labeled family violence.

At the Law Office of JL Carpenter, we have years of experience defending clients charged with both misdemeanor and felony-level domestic violence across Harris and Galveston Counties. JL is a former felony prosecutor who understands how these cases are built—and how to strategically tear them down.

We will:

  • Investigate each alleged incident thoroughly

  • Challenge weak or exaggerated evidence

  • Negotiate for reduction to a misdemeanor or dismissal

  • Protect your rights every step of the way

Call (713) 201-6767 or visit https://jlcarpenterlaw.com/contact/ to schedule your confidential consultation with a lawyer near you who can help you fight back and move forward.