Penal Code · §25.11

Continuous Violence Against the Family

During a period of 12 months or less, the actor commits two or more acts of family-violence assault under §22.01(a)(1) against family/household/dating partner. No prior conviction is required for predicate assaults; victims may differ.

The base classification is 3rd degree felony, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Key points

  • Two or more acts within a 12-month period
  • Each act constituting an offense under §22.01(a)(1)
  • Against a family/household/dating partner
  • No prior conviction required
Texas Law — Charge Details
3rd Degree Felony
Offense
Continuous Violence Against the Family
Statute
Tex. Penal Code §25.11
Classification
3rd degree felony

During a period of 12 months or less, the actor commits two or more acts of family-violence assault under §22.01(a)(1) against family/household/dating partner. No prior conviction is required for predicate assaults; victims may differ.

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Worked examples

Worked example 1

Continuous Violence Against the Family (§25.11) requires that during a period of 12 months or less, the actor commits two or more acts of family-violence assault. It is what level of offense?

  1. Class A misdemeanor
  2. State jail felony
  3. 3rd degree felony Correct
  4. 2nd degree felony
Why: Continuous Violence Against the Family is a 3rd degree felony. The actor need not be convicted of the predicate assaults, and the acts may be against more than one family-violence victim.
Statute: Tex. Penal Code §25.11
Worked example 2

Within an 8-month period, a defendant assaults his girlfriend on three separate occasions, each time causing bruising. He has not been convicted of any of the predicate assaults. Charge available without a prior conviction?

  1. Aggravated Assault — 2nd degree felony
  2. Continuous Violence Against the Family — 3rd degree felony Correct
  3. Stalking — 3rd degree felony
  4. Disorderly Conduct — Class C misdemeanor
Why: Continuous Violence Against the Family is a 3rd degree felony when, during a 12-month period, the actor commits two or more acts of family-violence assault. No prior conviction is required.
Statute: Tex. Penal Code §25.11