Continuous Violence Against the Family Charges Explained

What Is Continuous Violence Against the Family in Texas?

You may think a couple of Class A family violence incidents are minor offenses. But under Texas law, multiple allegations within a 12-month period — even without a conviction — can trigger a felony charge called Continuous Violence Against the Family.

This charge allows prosecutors to file a third-degree felony case, even when both underlying incidents would otherwise be misdemeanors. It’s a powerful tool used by district attorneys in Harris County, Fort Bend County, and Galveston County to escalate domestic disputes into serious criminal cases — and it comes with long-term penalties and no expungement eligibility.

Let’s walk through what this charge means, who it applies to, and how an experienced attorney near you can fight it.

1. Texas Penal Code § 25.11 – The Legal Definition

According to Texas Penal Code § 25.11, a person commits Continuous Violence Against the Family if they:

“During a period that is 12 months or less in duration, commits two or more assaults under § 22.01 against a person whose relationship to or association with the defendant is described by Family Code § 71.0021(b), § 71.003, or § 71.005.”

Key Elements:

• Two or more assaultive acts
• Occurring within 12 months or less
• Against a family member, household member, or dating partner
• Convictions are not required — mere allegations are enough for indictment

This makes it critical for anyone facing multiple accusations to speak to a lawyer near you before things escalate.

2. Why This Charge Is So Dangerous

Unlike other assault charges, prosecutors don’t have to prove each assault beyond a reasonable doubt individually. Instead, they just have to show the pattern of behavior over time.

That makes this one of the most aggressively prosecuted family violence felonies in Texas, often filed even when both incidents involved no visible injury or involved mutual combat.

See our post on Domestic Assault and Family Violence Offenses in Fort Bend County for a deeper look at Class A assault cases that often precede this charge.

3. What Are the Penalties for Continuous Violence Against the Family?

Classification: Third-Degree Felony

• 2 to 10 years in Texas prison
• Up to $10,000 fine
• Probation possible, but not guaranteed
• Permanent felony record
• Family violence finding that never goes away

Unlike a standard Class A domestic assault, this charge is not eligible for record sealing or expunction, even with deferred adjudication.

4. Common Scenarios That Lead to This Charge

1. Ongoing Relationship Conflicts

Police are called multiple times to the same home over the course of a year — even if the alleged victim recants or the case is dismissed, those police reports can still be used to indict.

2. Two Arrests in One Year

Even if the first arrest led to deferred adjudication or dismissal, a second arrest within 12 months can result in a felony indictment for continuous violence.

3. One Victim, Multiple Allegations

All it takes is one accuser making multiple reports, even if they never testified or pursued charges in court. A seasoned attorney near you can challenge these reports and raise reliability issues.

4. Police Combine Multiple Past Incidents

Sometimes prosecutors dig up past uncharged conduct during family violence investigations to add to new cases — suddenly, you’re looking at a third-degree felony based on old, unfiled incidents.

5. How Prosecutors Prove This Charge

Unlike most criminal offenses, this charge allows the prosecution to:

• Use uncorroborated victim testimony
• Introduce prior bad acts, even if unreported or dismissed
• Argue a “pattern of violence”, even if there were gaps between incidents

Evidence often includes:

• 911 calls
• Police reports
• Witness testimony
• Text messages or voicemails
• Prior affidavits of non-prosecution

That’s why you need a lawyer near you who understands how to challenge this evidence aggressively — especially the use of prior uncharged allegations.

6. Legal Defenses to Continuous Violence Against the Family

An experienced criminal defense attorney near you may pursue several lines of defense, including:

No Pattern of Conduct

If one or both incidents are unsubstantiated or legally weak, the pattern may not hold.

False Allegations

These charges are common in divorce, custody, or child support disputes, where accusations are made to gain leverage.

Mutual Combat or Self-Defense

If both parties engaged in the physical altercation, mutual combat can undermine the prosecution’s argument.

No Qualifying Relationship

Your lawyer near you may be able to argue that the alleged victim does not meet the statutory definition under Texas Family Code §§ 71.0021–71.005.

7. Can Continuous Violence Charges Be Reduced or Dismissed?

Yes — but only with early, aggressive intervention. Your attorney near you may be able to:

• Get one or more incidents dismissed individually
• Challenge the credibility of the complainant
• Suppress 911 call evidence or unauthenticated texts
• Negotiate a reduction to Class A Assault – Family Violence
• Push for pretrial diversion, if available in your county

The earlier you involve an attorney, the more leverage you have in the process.

8. The Consequences of a Conviction Are Permanent

Even without prison time, a conviction for Continuous Violence Against the Family results in:

• Felony record for life
• Firearm ban (state and federal)
• No sealing or expungement allowed
• Custody and visitation limitations
• Employment and housing issues

Don’t take a plea without understanding what’s really at stake. Always consult a lawyer near you who handles family violence defense daily.

9. How Fort Bend and Harris County Prosecutors Handle These Cases

In counties like Fort Bend and Harris, prosecutors have dedicated family violence units that:

• Monitor repeat arrests across time
• Seek felony enhancements even for minor injuries
• Use protective orders and EPOs as pressure tools
• Push for strict bond conditions and no-contact orders

Your attorney near you must be familiar with these local procedures and have a track record of challenging family violence enhancements successfully.

10. Why You Need a Criminal Defense Attorney Near You

The danger of Continuous Violence Against the Family charges is that they look like a pattern, even when each incident may be minor or defensible on its own.

You need an advocate who can:

• Break down the timeline
• Undermine credibility of the accuser
• Challenge the legal foundation of the indictment
• Push for reductions or trial dismissal

At Walker Law Office, we’ve helped hundreds of clients navigate the complex intersection of family law and criminal defense. We defend clients across Harris County, Fort Bend County, and Galveston County, and we’re ready to fight for you.

Call Walker Law Office at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with a dedicated criminal defense attorney near you.

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