Texas Continuous Family Violence Defense

Continuous violence against the family is a third-degree felony under Texas Penal Code §25.11 and one of the most aggressively prosecuted domestic violence charges in Texas. What makes it distinct from other family violence charges is the mechanism that elevates the conduct to felony level: not the severity of any single incident, but the pattern. Two assaultive offenses against a family or household member within a twelve-month period, without either incident needing to have been previously charged, prosecuted, or resulting in a conviction, are sufficient to support the charge.

The practical consequence is significant: a person who has never been arrested for anything can face a third-degree felony charge based on two incidents that were never individually prosecuted: incidents that may have been resolved informally, that the alleged victim never reported to law enforcement, or that are now characterized very differently in hindsight than they were at the time. Understanding what the prosecution must prove (and where the defense begins) is essential.

At Deandra Grant Law, we have been defending aggravated assault cases in North and Central Texas courts for more than 30 years. Deandra Grant author of 17+ legal books and guides. She and Douglas Huff wrote Assault Charges in Texas which is available on Amazon.

What the Statute Requires: §25.11

Under Texas Penal Code §25.11, a person commits continuous violence against the family if, during a period that is twelve months or less in duration, the person two or more times engages in conduct that constitutes an offense under §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 of the Texas Family Code.

The predicate offenses do not need to have been charged. This is the defining feature of §25.11 that surprises most defendants. Neither of the two underlying assaultive incidents needs to have resulted in an arrest, a complaint, or a prior conviction. The prosecution can prove both predicate incidents at trial, relying on testimony, medical records, photographs, electronic communications, or any other competent evidence. A defendant who was never arrested before may still face a continuous family violence charge if the prosecution can establish two qualifying incidents within the twelve-month window.

Both incidents must involve protected victims. Each predicate incident must involve a person whose relationship to the defendant qualifies under the Family Code (a family member, household member, or dating partner). The two incidents do not need to involve the same alleged victim. Two separate incidents involving two different family or household members within the twelve-month period can support the charge.

The twelve-month window. The two incidents must occur within a period of twelve months or less. The prosecution charges the offense as a single continuing course of conduct rather than as two separate assaults, which means a single indictment covers both incidents. The defense must evaluate the dates, circumstances, and evidence for each predicate incident independently.

Penalties

Continuous violence against the family is a third-degree felony carrying 2 to 10 years in the Texas Department of Criminal Justice and a fine up to $10,000. There is no deferred adjudication for this offense. A conviction is a permanent felony record.

The family violence affirmative finding.A conviction for continuous violence against the family will carry a family violence affirmative finding[→ texasdwisite.com/blog/family-violence-affirmative-finding-texas/] as a matter of course, given the nature of the offense. That finding triggers a permanent federal firearms prohibition under 18 U.S.C. §922(g)(9), permanently bars expunction and non-disclosure, creates a rebuttable presumption against custody under Texas Family Code §153.004, and can be used to enhance any future assault against a family or household member to a felony under §22.01(b)(2).

“family violence affirmative finding*“* → texasdwisite.com/blog/family-violence-affirmative-finding-texas/* | Links to the family violence affirmative finding blog post.*

How the Defense Is Built

Challenging Each Predicate Incident Independently

Because the charge is built on two predicate incidents, the defense examines each one as a standalone evidentiary question. If the prosecution cannot establish that either incident constitutes an assaultive offense under §22.01(a)(1) beyond a reasonable doubt, the continuous violence charge fails. This means attacking the evidence for each incident separately: the credibility of the witness, the consistency of the account, whether the conduct actually constituted an assault, and whether the alleged victim’s characterization of the event is supported by corroborating evidence.

The Twelve-Month Window

The dates of the predicate incidents are elements the prosecution must establish. If the evidence places either incident outside the twelve-month window, or if the dates are uncertain or contested, the temporal element of the offense is directly challenged. Electronic records, medical records, and other time-stamped evidence can establish or undermine the prosecution’s timeline.

The Relationship Element

Each predicate incident must involve a person whose relationship to the defendant qualifies under the applicable Family Code provisions. If the alleged victim of one or both incidents does not have a qualifying relationship with the defendant (for example, a neighbor, coworker, or acquaintance who is not a family member, household member, or dating partner) the predicate incident does not support the charge.

False Accusations and Motivated Complainants

Continuous family violence charges are particularly susceptible to allegations driven by divorce, custody disputes, and relationship breakdowns where one party has a strategic interest in obtaining a protective order, establishing a family violence history, or gaining leverage in a civil proceeding. The timing of when incidents are first reported to law enforcement, the relationship between the reporting party and any pending civil proceedings, and inconsistencies between contemporaneous accounts and later characterizations are all relevant to the defense.

Digital Evidence

In continuous family violence cases, electronic communications such as text messages, emails, social media posts, and recorded calls often constitute the primary evidence for one or both predicate incidents. Doug Huff’s digital forensics training means the defense can better evaluate that evidence: metadata, completeness of message records, account authentication, and whether the context of the communications supports the prosecution’s characterization.

The Constitutional Foundation

Under Texas Code of Criminal Procedure Article 38.23, evidence obtained through an unlawful stop, a defective warrant, or a constitutionally defective search is suppressible with no good faith exception. Body camera footage, photographs, and physical evidence collected at the scene of either predicate incident are subject to this analysis.

“Article 38.23*“* → texasdwisite.com/blog/unlawful-police-stops/* | Links to Unlawful Police Stops / Article 38.23 content.*

The Grand Jury and Early Defense Investment

Continuous family violence is a felony, which means the prosecution must obtain a grand jury indictment before the case can proceed to trial. A well-prepared defense packet submitted before grand jury presentment (one that documents the weaknesses in the predicate incident evidence, the relationship context, and any inconsistencies in the complainant’s account) can influence whether an indictment issues and what charge is presented. The earlier the defense begins, the more options are available.

Talk to Deandra Grant Law

Continuous family violence charges require defense on multiple simultaneous fronts: the evidence for each predicate incident, the twelve-month timeline, the relationship element, and the electronic and physical evidence the prosecution intends to use. Deandra Grant Law has offices in Dallas, Fort Worth, Allen, Denton, Waco, and Rockwall. We have appeared in North and Central Texas courts for more than 30 years, across more than 500 trials to verdict.

Call (214) 225-7117 for a confidential consultation.