Continuous Violence Against the Family in Texas

Two arguments that turned physical inside the same year can transform a pair of misdemeanor assault charges into a single third-degree felony. That is what Texas Penal Code §25.11, continuous violence against the family, does. A prosecutor does not need a prior conviction, a serious injury, or even charges filed on the first incident. Two qualifying assaults against a family member, household member, or dating partner within a twelve-month window are enough to move the case to felony court.

If you have been arrested or contacted by a Collin County detective about repeated family-violence allegations, the first forty-eight hours shape everything that follows: the bond conditions, any protective order, and how the State frames the indictment. Kent Starr has practiced criminal law in Collin County and across DFW since 1997. The earlier counsel reviews the allegations, the more room there is to challenge whether two qualifying assaults actually occurred.

What Texas Penal Code §25.11 Requires

Continuous violence against the family is defined narrowly, and each element is a place to push back.

Two or more assaults in twelve months or less. The State must prove at least two separate incidents of assault causing bodily injury under §22.01(a)(1), each within a single twelve-month period. One incident, however serious, is not this offense.

A protected relationship. The alleged victim must be a family member, household member, or someone in a dating relationship with the accused, as those terms are defined in the Texas Family Code. An assault against a stranger or coworker does not qualify under this statute.

A third-degree felony. A conviction carries two to ten years in prison and a fine of up to $10,000, even when the underlying incidents would have been Class A misdemeanors on their own.

The jury does not have to agree on the details. Under §25.11(b), jurors are not required to agree on which specific incidents occurred or the exact dates, only that two or more qualifying assaults happened within the window. That unusual rule is one reason these cases demand early, careful defense.

How This Differs From a Single Family-Violence Assault

An isolated family-violence assault is usually charged under §22.01 as a misdemeanor, escalating to a felony only with a prior family-violence conviction or an aggravating factor such as strangulation. You can read more on our assault and family violence defense page. Continuous violence against the family is different: it reaches felony grade on the strength of two incidents alone, with no prior conviction required.

The statute also limits double counting. Under §25.11(c), a person generally cannot be convicted in the same case of both continuous violence against the family and the individual assaults that make it up, unless those assaults are charged in the alternative. How the State elects to charge the case affects both the exposure and the defense.

Defense Strategies in a §25.11 Case

Every continuous-violence case turns on whether the State can prove two qualifying assaults within the window. That is where the defense begins.

Challenging the second incident. The felony depends on a pattern. If only one incident is supported by evidence, or the second rests on a later recantation or an inconsistent account, the case may not meet the two-assault requirement.

The twelve-month window. The incidents must fall within twelve months or less. Allegations spread across a longer period, or with uncertain dates, may fall outside the statute.

The relationship element. If the alleged victim does not fit the Family Code definition of family, household, or dating relationship, the conduct does not fall under §25.11.

Bodily injury. Each incident must involve bodily injury under §22.01(a)(1). Allegations of offensive contact or threats, without injury, do not satisfy the assault element this statute requires.

False or exaggerated allegations. Family and dating disputes can produce accusations shaped by custody fights, divorce, or anger. Text messages, call logs, medical records, and witness accounts often tell a different story than the initial report.

Self-defense. Texas law recognizes the right to defend yourself. When the evidence shows mutual conduct or a response to a threat, self-defense can apply to one or both alleged incidents.

When evidence is excluded or an element cannot be proven, the State's case may be substantially weaker.

Courts and Counties We Serve

Starr Law represents people charged with continuous violence against the family throughout North Texas, including Collin, Dallas, Denton, and Rockwall counties. Felony family-violence cases arising in Collin County are handled in the district courts in McKinney.

Frequently Asked Questions

Can I be charged if I have no prior convictions?

Yes. Continuous violence against the family does not require any prior conviction. Two qualifying assaults against a protected person within a twelve-month period are enough to support a third-degree felony charge.

Is continuous violence against the family a felony?

Yes. It is a third-degree felony under Texas Penal Code §25.11, punishable by two to ten years in prison and a fine of up to $10,000.

What if the alleged victim does not want to press charges?

In Texas, the State, not the complainant, decides whether to pursue a family-violence case. Prosecutors can and often do move forward without the alleged victim's cooperation. A complainant's wishes can matter to the case, but they do not control it.

Does the jury have to agree on which incidents happened?

No. Under §25.11(b), jurors do not have to agree on the specific incidents or exact dates. They must agree only that two or more qualifying assaults occurred within the twelve-month window.

What relationships count for this charge?

The statute applies to family members, household members, and people in a dating relationship, as those terms are defined in the Texas Family Code.

How We Serve Collin County

Starr Law's office is in McKinney, and we represent clients facing family-violence charges across Collin County.

McKinney

Felony continuous-violence cases are filed in the Collin County district courts in McKinney, minutes from our office.

Plano

We represent Plano residents charged with continuous violence against the family in the Collin County courts.

Frisco

We defend Frisco clients facing repeat family-violence allegations.

Allen

We represent Allen residents in family-violence cases throughout Collin County.

Schedule Your Free Consultation

If you are facing a continuous violence against the family charge in Collin County, talk to Kent before you talk to anyone else. Call (214) 982-1408 for a free, confidential consultation. Free initial consultation. Payment plans available. Se habla español. Nós falamos português.

Learn more about how we defend clients across the county on our Collin County criminal defense page.