Under Texas Penal Code §25.11, a person commits continuous violence against the family if, during a 12-month period, they engage in two or more assaults against a family member, household member, or person in a dating relationship. The offense is a third-degree felony (2-10 years TDCJ) and — critically — does not require the prior assault to have been prosecuted.
Texas Penal Code §25.11 elevates two or more family violence misdemeanors within 12 months to a third-degree felony — even without the prior being prosecuted. Understand the statute, defenses, and how to protect your record.
What Is Continuous Violence Against the Family?
Penal Code §25.11 was added to Texas law in 2007 to address repeat family violence without requiring separate prosecution of each incident. The statute treats a pattern of family violence as a single felony offense.
The Elements
- The defendant engaged in conduct constituting an assault under Penal Code §22.01(a)(1) (bodily injury)
- Two or more times during a 12-month period
- The assault was against a person described in Family Code § 71.0021(b), § 71.003, or § 71.005 — family, household members, or dating partners
Critically, the State does not need to prove the prior assaults were charged, convicted, or even reported — only that they occurred.
Penalties
- Third-degree felony — 2 to 10 years TDCJ
- Up to $10,000 fine
- Affirmative finding of family violence under Code of Criminal Procedure art. 42.013
- Lifetime federal firearms ban under 18 U.S.C. § 922(g)(9)
- Immigration consequences for non-citizens
- Enhancement of future assaults
Double Jeopardy Considerations
§ 25.11(c) prohibits prosecution for continuous violence and for each underlying assault in the same criminal episode — the State must elect. However, prior completed convictions for assaults during the 12-month window do not bar § 25.11 prosecution, though they may affect punishment.
Defense Strategies
Challenging the Two Incidents
The State must prove two separate assaults within 12 months. Defense often focuses on:
- Disputing whether the earlier incident actually occurred
- Challenging the bodily injury element of the earlier incident
- Timing challenges — outside the 12-month window
- Identity challenges — the same defendant for both
Self-Defense
Available for both underlying incidents under Penal Code Chapter 9.
Relationship Challenges
The complainant must qualify as family, household member, or dating partner. Brief acquaintances or ex-relationships may not meet the statute.
Negotiated Resolutions
Prosecutors sometimes accept pleas to a single simple assault in exchange for dismissal of the continuous violence charge.
Why This Statute Matters
§ 25.11 is one of Texas's most powerful prosecutorial tools in family violence cases. It allows prosecutors to:
- Charge felonies based on historical, unreported incidents
- Secure felony convictions despite victim recantation on one of the incidents
- Aggregate conduct that would otherwise result in separate misdemeanor cases
The defense response requires aggressive investigation of each alleged incident — often incidents the defendant never thought would become relevant.
Frequently Asked Questions
Do both assaults need to result in arrest or conviction?
No. Under § 25.11, the State need only prove the conduct occurred — not that charges were filed or convictions obtained.
Does the 12 months reset with each incident?
No. The 12-month window is measured as a continuous period. The two assaults must occur within any rolling 12-month period.
Can the complainant refuse to testify?
Yes, but Texas rules limit marital privilege for family violence cases under Tex. R. Evid. 504(b)(4). Prosecutors often proceed with hearsay statements (911 calls, medical records) under forfeiture-by-wrongdoing.
Is continuous violence a strike for three-strikes purposes?
Texas does not have a traditional three-strikes system, but § 25.11 convictions factor into enhancement provisions under Penal Code §12.42.
Can I get probation for continuous violence?
Possibly. Third-degree felony probation is available, though conditions often include the intensive supervision and battering intervention programs.
Speak With a Frisco Criminal Defense Attorney
If you or a loved one is facing continuous family violence charges in Frisco, Collin County, or anywhere in the Dallas-Fort Worth metroplex, the time to act is now. L and L Law Group attorneys are available 24 hours a day, 7 days a week. Call (214) 466-1398 for a free, confidential consultation, or submit your case online and a licensed attorney will contact you directly.
This article is general information, not legal advice. Texas criminal law is complex and fact-specific — please consult a licensed Texas attorney about your particular situation. Past results do not guarantee future outcomes.