What Is the Charge of Continuous Violence Against the Family?

 Posted on September 24, 2021 in Family Violence

The state of Texas takes crimes of violence seriously, and this is especially true if these crimes involve family or household members. Although a conviction for certain types of domestic violence, such as threats or offensive conduct, may carry only misdemeanor penalties, other domestic assault convictions can carry far more serious penalties.

One of the more serious domestic crimes a person can commit is continuous violence against the family. It is important to understand what acts can allow for this charge and what the penalties are. If you have been charged with continuous violence against the family, contact a Texas criminal defense attorney right away so you can start building a strong defense.

What Is Continuous Violence Against the Family?

A crime committed against a family or household member, including current and former spouses and dating partners, parents of a child (even if they do not live together), relatives, foster relationships, and roommates, is domestic assault.

Continuous violence against the family is a special charge brought against an individual who has been accused of two or more domestic assault crimes within one calendar year. The domestic assaults need not have been committed against the same victim or even have resulted in an arrest or conviction.

Crimes that constitute domestic assault include, but are not limited to, hitting, shoving, choking, kicking, and slapping, as well as threatening to do any of these acts. Acts that constitute aggravated domestic assault include cases that cause serious physical injury to another person or cases that involve the use or threatened use of a deadly weapon.

What Are the Penalties for Continuous Violence Against the Family?

Before someone is even charged with domestic assault, police can arrest someone without a warrant if they have probable cause to believe that person committed a crime of family violence. If a person is charged with continuous violence against the family, Texas prosecutors can bring third-degree felony charges against that person. Penalties include two to ten years in prison and up to $10,000 in fines.

When someone is being tried in court for charges of continuous violence against the family, jurors do not have to individually find the defendant guilty of each domestic assault which he or she allegedly committed. Instead, they must agree unanimously that the defendant committed two or more domestic assaults within a period of one calendar year.

Work with a Plano, TX Criminal Defense Attorney

If you have been charged with continuous violence against the family, seek legal counsel immediately. A Collin County criminal defense attorney with Law Offices of Biederman & Burleson P.L.L.C. can help you understand your options and will advocate aggressively for your rights under Texas law. Call us today at 469-333-3333 for a free and confidential consultation.

Source:

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm