Penal Code · §25.11
Continuous Violence Against the Family
Elements
- During a period of 12 months or less in duration
- The person two or more times engages in conduct that constitutes an offense under §22.01(a)(1) (assault — bodily injury)
- Against a person whose relationship to or association with the defendant is described by §71.0021(b), §71.003, or §71.005, Family Code (dating, family, or household)
- Each separate instance need not have resulted in a conviction
- Members of the jury are not required to agree on which specific instances of assault constituted the course of conduct
Penalty
Third-degree felony — 2 to 10 years TDCJ + up to $10,000 fine (§12.34).
Enhancements
Standard punishment enhancements under §12.42 apply for prior felony convictions. If a specific instance also qualifies as Aggravated Assault or Sexual Assault, those may be charged separately.