When Can You Be Charged With Continuous Violence Against the Family?

 Posted on November 30, 2020 in Family Violence

Domestic violence is an ongoing concern for law enforcement officials, especially during the COVID-19 pandemic. Because of the increased stress that many people are feeling and the requirements to remain together in the same home without the chance to participate in normal activities, disagreements between family members may spiral out of control, leading to accusations of family violence. Other factors that may play a role in these cases include economic anxiety due to job loss or reductions in income, as well as increased rates of drug and alcohol abuse. While a single accusation of domestic assault can lead to consequences that may affect a person’s relationship with their children or other family members, repeated instances of alleged family violence can lead to even more serious criminal charges in Texas.

Understanding Continuous Family Violence Charges

In many cases, a person accused of family violence will be charged with domestic assault. This type of assault may be committed against a spouse, a person’s children, other family members, people living in the same household, or a person in a dating relationship with the accused. Assault is defined as knowingly, intentionally, or recklessly inflicting a bodily injury on a person, threatening to inflict bodily harm, or making physical contact that can be considered “offensive or provocative.” Domestic assault is typically charged as a Class A misdemeanor under Texas law.

Multiple instances in which a person is accused of domestic assault may lead to charges of continuous violence against the family. This offense may apply if a person engaged in a domestic assault that involved intentional bodily injury at least twice within a 12-month period. Continuous violence against the family is a third-degree felony, and a conviction can result in a prison sentence of 2-10 years and a maximum fine of $10,000.

Notably, the standards for convicting a person accused of continuous violence against the family are somewhat lower than for other charges. In these cases, a jury will not need to unanimously agree that a defendant committed domestic assault in a specific situation. Instead, a jury will need to unanimously agree that the defendant engaged in the conduct at least two times during a 12-month period in which he or she knowingly or intentionally inflicted bodily injury on a member of his or her family or household.

Contact Our Fairview Family Violence Defense Lawyers

If you have been accused of any form of domestic assault, or if you are facing charges of continuous violence against the family, the experienced Law Offices of Biederman & Burleson P.L.L.C. can assist with your case. We will make sure you understand the charges against you, and we will work with you to determine the best defense strategy to help you avoid a conviction and protect your family relationships and reputation. Call our skilled and dedicated Plano criminal defense attorneys at 469-333-3333 to arrange a free consultation and learn how we help.

Sources:

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

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.01