Continuous Family Violence
The crime of Continuous Violence against the Family is a third-degree felony under Texas Penal Code, Section 25.11. Family violence committed two or more times during a period that is 12 months or less in duration can result in serious criminal penalties.
The term “family violence” means an act by a member of a family or household against another member of the family or household that is intended to result in one of the following:
- physical harm;
- bodily injury;
- assault, or
- sexual assault or
- that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault.
Family violence does not include defensive measures to protect oneself (often called self-defense).
If you were accused of engaging in an offense that constituted an assault against a family member, a member of a household, or a member of a dating relationship, then contact an experienced criminal defense attorney to find out the best ways to fight the charges.
Finding an Attorney for Continuous Family Violence in San Antonio, TX
If you were charged with continuous family violation under Section 25.11, then contact an experienced criminal defense attorney in San Antonio, TX, at Flanary Law Firm, PLLC. Don Flanary is an experienced domestic violence defense attorney who can help you protect your rights after a false or exaggerated accusation.
Don Flanary represents clients charged with domestic violence and continuous family violence throughout Bexar County and the surrounding counties of Kendall County, Comal County, Guadalupe County, Wilson County, Atascosa County, Medina County, and Bandera County.
Call (210) 738-8383 to discuss your case today.
Elements of Continuous Violence against the Family – Section 25.11
The following elements of the criminal offense of Continuous Violence against the Family must be proven at trial beyond all reasonable doubt:
- the defendant intentionally, knowingly, or recklessly
- causes bodily injury to another, including the person’s spouse;
- during a period that is 12 months or less in duration;
- by engaging in conduct that constitutes assault against a family member, a member of a household, or a member of a dating relationship.
Definitions related to Family Violence in Texas
Under the Texas statute for family violence, the term “bodily injury” means physical pain, illness or any impairment of physical condition. The term “spouse” means a person who is legally married to another.
For purposes of the statute prohibiting continuous violence against the family, the term “family” includes individuals related by consanguinity or affinity, as determined under Sections 573.022 and 573.024, Government Code, including:
- individuals who are former spouses of each other;
- individuals who are biological parents of the same child, without regard to marriage, and
- a foster child and foster parent, without regard to whether those individuals reside together.
The term “household” means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other. The term “member of a household” includes a person who previously lived in a household.
The term “dating relationship” means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based upon consideration of:
- the length of the relationship;
- the nature of the relationship; and
- the frequency and type of interaction between the persons involved in the relationship.
A casual relationship or ordinary fraternization in a business or social context does not constitute a “dating relationship” as defined herein.
Find a Lawyer for Family Violence in Bexar County, TX
If you were charged by indictment with the offense of continuous violence against the family, then contact an experienced criminal defense attorney in San Antonio, TX. Don Flanary represents clients charged with domestic violence crimes. He understands how complicated these cases can be, especially when children are involved.
If you have been accused of a crime of violence committed within the family, then call today for a free consultation. During the consultation, you can talk with Don Flanary about the facts of your case, what you need to do right now to protect yourself against a false allegation, and the best defenses available to fight the charges.
This article was last updated on Wednesday, December 28, 2016.
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