Strong Family Violence Criminal Defense in Tarrant County and the Dallas – Fort Worth Area
The Continuous Violence Against the Family offense allows State prosecutors to enhance multiple Class A Misdemeanor Assault Bodily Injury Family Violence offenses into one felony offense.
If accused of Continuous Violence Against the Family, you need a strong criminal defense attorney to navigate the multiple allegations and develop the best possible criminal defense.
Sloane Law Firm Tarrant County Family Violence Criminal Defense Attorneys are ready to help protect you and your loved ones.
Your future is at stake—do not hesitate to contact the Sloane Law Firm
Continuous Violence Against the Family Explained – Texas Penal Code § 25.11
What is Continuous Violence Against the Family?
Under Texas Penal Code § 25.11, a person commits the offense of Continuous Violence Against the Family if the person, during a period that is 12-months or less in duration, two or more times committed the offense of Assault Bodily Injury against a family or household member, or against a person the actor is or was in a dating relationship with.
What is Assault Causing Bodily Injury Family Violence?
Pursuant to Texas Penal Code § 22.01(a), a person commits Assault Causing Bodily Injury Family Violence if the person intentionally, knowingly, or recklessly causes bodily injury to a family or household member, or to a person the actor is or was in a dating relationship with.
What is Bodily Injury under Assault Bodily Injury Family Violence?
Bodily injury is defined under Texas Penal Code § 1.07(a)(8) as physical pain, illness, or any impairment of physical condition.
Who is considered a family member for family violence purposes?
Under Texas Family Code § 71.003, family includes individuals related by blood or marriage, individuals who are former spouses, individuals who are the parents of the same child, and a foster child and foster parent.
Who is considered a household member for family violence purposes?
Under Texas Family Code § 71.005, a household is a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other. The term household member also includes a person who previously lived in a household.
What is considered a dating relationship for family violence purposes?
Dating relationship is 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 on a consideration of the length of the relationship, the nature of the relationship, and the frequency and type of interaction between the persons involved. A causal acquaintanceship or ordinary fraternization in a business or social context does not constitute a dating relationship.
Continuous Violence Against the Family Punishment Range - Texas Penal Code § 25.11
What is the Punishment Range for Continuous Violence Against the Family?
Continuous Violence Against the Family enhances two or more Class A Misdemeanor Assault Bodily Injury Family Violence offenses, traditionally punishable up to a year in the county jail and a fine up to $4,000, to a Third-Degree Felony, punishable between two to ten years in prison and a fine up to $10,000.
A person convicted of Continuous Violence Against the Family may be eligible for community supervision probation. The applicable supervision period is between two to ten years.
To learn more, visit Do I Need a Lawyer for a Third-Degree Felony?
Family Violence under Continuous Violence Against the Family Explained
What is considered family violence?
Pursuant to Texas Family Code § 71.004, family violence is an act by a member of a family or household against another member that is intended to result in or that is a threat that reasonably places the member in fear of physical harm, bodily injury, assault, or sexual assault or dating violence.
What is considered dating violence for family violence purposes?
Pursuant to Texas Family Code § 71.0021, dating violence is an act by a defendant that is committed against a victim with whom the defendant has or had a dating relationship or because of the victim’s marriage to or dating relationship with an individual with whom the defendant is or has been in a dating relationship or marriage and is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of physical harm, bodily injury, assault, or sexual assault.
When is the Court required to make a family violence finding?
Texas Code of Criminal Procedure Article 42.013 requires an affirmative finding of family violence if the facts show that the offense involved family violence as defined by the Texas Family Code.
What are the consequences of an affirmative family violence finding?
An affirmative family violence finding has devastating lifelong consequences, such as loss of second amendment rights to own, possesses, or purchase firearms, future exposure to possible criminal punishment enhancements, and unique impacts on probation eligibility and conditions.
How to Fight - Contact Us for a Free Consultation with our Tarrant County Continuous Violence Against the Family Criminal Defense Attorneys
Sloane Law Firm Tarrant County Criminal Defense Attorneys are ready to help you fight Continuous Violence Against the Family accusations.
Our Tarrant County Family Violence Criminal Defense Lawyers have helped thousands of clients fight Family Violence related criminal charges in Tarrant County and throughout the greater Dallas – Fort Worth Area, such as: