With domestic assault allegations in the Texas legal system, 1+1 doesn’t always equal 2. What do I mean? I’m referring specifically to a charge called “Continuous Violence Against the Family,” as defined under Texas Penal Code § 25.11.
Section 25.11 “stacks” multiple Class A misdemeanor family-violence assault acts into a third-degree felony charge.
This week, I want to provide an overview of the code, how it could affect you or someone you know who’s been charged with family violence assault, how the defense process works, and what our experienced team at Gold Legal will do to fight it.
Here are the factors that matter in continuous family violence charges:
- What was the timeframe of the relationship?
- Who is considered family?
- What is Rachel’s Law?
- Can an allegation contribute to a third-degree felony charge, or are prior convictions required?
- How can “jury non-unanimity” make continuous family violence charges especially dangerous?
1. Two incidents in 12 months are required to trigger the charge.
Yes, the word “continuous” requires just two incidents within a year.
“A person commits an offense if, during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes an offense under Section 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, Family Code….”¹
Let me repeat that one more time: You or someone you know can be charged with a third-degree felony under the following circumstances:
- Accused of committing assault against a family member,
- Assaults occur two or more times within 12 months, and
- The alleged assault causes bodily injury.¹
Before we get into who qualifies as a “family member,” let’s clear up the definition of "bodily injury.”
“Bodily injury” encompasses a wide set of injuries. Of course, any visible sign of assault is going to qualify. But bodily injury extends to include virtually any kind of bodily pain, illness, or impairment. Psychological distress does not count. All things physical do. The threshold here isn’t quite as high as many believe.²
2. Who counts as “family?”
In Texas law, charges and penalties associated with “family violence” extend beyond spouses, parents, and children to include current and past relationships of a romantic, familial, or custodial nature.
- Individuals engaged in a dating relationship. Boyfriends & Girlfriends (Or “Partners,” in modern parlance)
- Former Partners
- Former Spouses
- Foster Children
- Foster Parents
- Other Blood Relatives
“Dating relationship” is loosely defined in terms of relationship duration and living arrangements. To boot, all of the people in the list above are considered “family,” even if you or someone you know is not or has not ever lived in the same house with them. For more information on how these dynamics can lead to outcomes outside of your control, see my article breaking down protective orders in family violence situations.
Charges brought from two different incidents and two different people
Two events can be completely unrelated and still count toward a Continuous Family Violence charge.
If you are involved in one violent incident with someone you’re dating in March and another incident with another person in July, you can be charged under Texas Penal Code § 25.11.
3. What is Rachel’s Law?
Before 2019, alleged incidents had to occur in the same Texas county to qualify for Continuous Family Violence. But in June of that year, the Texas legislature passed an amendment called Rachel’s Law.
Rachel’s law was created to honor a victim of family violence, but here’s what’s important: the amendment holds that a person can be charged even if the alleged incidents happened in different counties.³
4. Dismissed? Not guilty? Prior convictions aren’t a requirement.
The State only needs to prove that domestic violence occurred.
So, even if a previous charge was dismissed or ended with a "not guilty" verdict, that doesn’t mean you’re off the hook. The prosecution may still be able to use it as one of the two incidents required to secure a felony conviction.
Charges can be filed retroactively.
The prosecution can raise any incidents that happened during the 12-month window, even if no charges were filed at the time or no calls were made to authorities.
5. The jury doesn’t have to agree on which two incidents occurred.
In most criminal trials, the jury needs to decide on a verdict unanimously. If someone is charged with a domestic assault, all twelve jurors have to agree that that individual is guilty beyond a reasonable doubt. That’s not the case with Continuous Family Violence.
Non-unanimity means juries have a lower threshold to find someone guilty.
The jury can disagree on many facts of the case, like when or if any one incident occurred. They only need to agree that domestic assault occurred at least twice in that timeframe.
Prosecutors can convince jurors to pick and choose from different allegations.
It sounds strange, but you will sometimes see members of the jury identify separate incidents as meeting the “beyond a reasonable doubt” threshold.
Again, this is the kind of legal insanity that is completely acceptable with a Continuous Family Violence charge.
If there is an upside, Continuous Family Violence is rare.
Thus far, I’ve given the impression that the bar for a guilty ruling in a Continuous Family Violence case is low. That is true, but guilty charges are still relatively infrequent.
The Office of Court Administration reported 14,219 felony family violence filings in 2024. And of that number, only a fraction is Continuous Family Violence; the majority are for Assault Family Violence.⁴
That number also compares to the more than 38,000 misdemeanors filed each year. The State doesn’t often pursue these charges.
But life-long consequences are at stake.
Rare as it is, moving from a misdemeanor to a third-degree felony, as in the case of Continuous Family Violence, changes your life instantly.
Like I said, 1+1 doesn’t always equal 2.
A conviction carries 2 to 10 years in prison.
That prison sentence comes with fines of up to $10,000. A finding of family violence also permanently strips you of your right to possess a firearm or ammunition under both Texas and federal law.
Finally, a conviction ensures that any future domestic allegation—no matter how minor or how many years later it occurs—can be enhanced to a higher-degree felony.
What are our options for defense strategies?
When charges are built on multiple allegations, a solid defense fights each charge promptly and separately. This makes it less likely that the State can stack two or more together.
We have three core strategies:
1. Challenge the definition of domestic assault.
The threshold here is that the defendant must intentionally, knowingly, or recklessly cause bodily injury.
Not every argument or physical contact meets that benchmark. A good lawyer will scrutinize the evidence to see if the State is trying to use a verbal altercation or non-violent incident as a building block for a felony.
2. Scrutinize the 12-month window.
The law here is very specific about the necessary time frame. Alleged incidents must occur within 12 months, no more.
If the State is using two incidents that happened 366 days apart, the charge cannot stand.
3. Defend against one incident.
You don’t need to prove that no incidents of domestic violence occurred. The felony requires two or more incidents, so successfully defending against one of them can cause the entire charge to collapse.
If you successfully argue self-defense, a lack of evidence, or a false accusation for one specific incident, that can be enough. Then, the charge may be reduced to a misdemeanor or dismissed.
Facing Continuous Family Violence Charges? Let’s Talk.
Gold Legal, PPLC is an experienced, aggressive law firm that knows how to navigate the complexities of Family Violence cases. We fight for our clients, with a strategy tailored to the specific facts of each case to hold the State to its burden of proof.
If you are up against Continuous Family Violence Charges in Texas, contact us today for a confidential consultation.
— Kandi Gilder, Attorney at Law
References
- Texas Penal Code § 25.11: Continuous Violence Against the Family. Texas Legislature; 2024. Available from: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm#25.11
- Texas Penal Code § 1.07. Texas Legislature. Available from: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.1.htm
- Rachel’s Law. Texas Code of Criminal Procedure art. 13.072 (2019). Available from: https://capitol.texas.gov/tlodocs/86R/billtext/html/HB01661F.htm.
- Office of Court Administration. Annual Statistical Report for the Texas Judiciary: Fiscal Year 2024. Austin (TX): Texas Judicial Council; 2025. Available from: https://www.txcourts.gov/media/1461502/ar-statistical-fy24.pdf
