Texas Continuous Family Violence Defense

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.

A conviction for continuous violence against the family will carry a family violence affirmative finding 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).

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.

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.