Continuous Family Violence

Charged with continuous family violence in Austin? Learn how Texas Penal Code § 25.11 works, the penalties you face, and how Michael & Associates builds a defense to challenge or reduce these felony charges. Schedule a free consultation now.

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Continuous violence against the family in Texas is a third-degree felony charged when someone commits two or more acts of family violence within a 12-month period, even if those acts weren’t reported or prosecuted (as long as prosecutors can prove they occurred).

In Austin and throughout Travis County, these cases are taken seriously by prosecutors and often filed even when the alleged incidents are separated in time or involve conflicting accounts. 

An experienced Austin assault lawyer can play a critical role in how these cases are investigated, challenged, and resolved.

Austin Continuous Family Violence Attorney in Texas

Facing a Continuous Violence Against the Family charge can feel overwhelming. These cases are different from typical assault allegations because prosecutors build them around patterns of conduct, not a single incident. 

At Michael & Associates, we know these charges require a robust defense. Our Austin assault attorneys handle these allegations with an aggressive, trial-ready approach, starting from day one. 

This includes:

  • Moving quickly to preserve evidence
  • Timeline reconstruction
  • Review of prior incidents for inconsistencies or lack of proof
  • Challenging delayed reporting or credibility issues
  • Preparing each case as though it will go to trial

In Travis County, prosecutors often move forward even if the alleged victim doesn’t want to press charges, and getting a defense lawyer involved early is critical.

What is Continuous Violence Against the Family in Texas?

Continuous Violence Against the Family occurs when:

  • Someone commits two or more acts of family violence
  • Against a family or household member (or a dating partner)
  • Within a 12-month period

These cases are prosecuted under Texas Penal Code § 25.11 and are often referred to as “course of conduct” offenses because they focus on repeated behavior rather than a single incident.

The acts do not need to result in arrests or convictions. The jury does not have to agree on the exact same incidents or dates, but must unanimously agree that two or more qualifying acts of family violence occurred within a 12-month period.

However, prosecutors must prove that two or more acts of family violence occurred within a 12-month period, not just that a single event occurred.

Family Violence in Austin, Texas

Family violence allegations often involve assault that causes bodily injury includes threats of imminent physical harm. In most cases, the underlying acts involve assault causing bodily injury or threats of imminent bodily injury, which qualify as “family violence” under Texas law.

These cases often rely on:

  • Victim statements
  • Text messages or other digital communications
  • Photos
  • Medical records
  • Prior police reports (even if no charges were filed)

Because multiple incidents are combined into one felony charge, the defense is often focused on breaking any alleged pattern and challenging the credibility and/or timeline. 

What’s the Punishment for Domestic Assault / Continuous Family Violence in Texas?

Unlike many first-time domestic assault cases, Continuous Violence Against the Family is charged as a felony regardless of prior history, though the final outcome may still depend on the facts, evidence, and defense strategy.

The structure of the charge itself makes it a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.

For comparison, most single-incident domestic assault cases are charged under Texas Penal Code § 22.01 as a Class A misdemeanor, carrying up to 1 year in jail and a fine of up to $4,000.

Additional consequences for all types of domestic assault / family violence may include:

  • Protective orders
  • Impact on firearm rights
  • A permanent criminal record
  • Impact on child custody or divorce proceedings
  • Potential immigration consequences

In Austin, case outcomes often depend on:

  • Strength of evidence
  • Consistency of allegations
  • Whether there are constitutional or evidentiary issues

After any family violence arrest, it’s important to contact a lawyer as soon as possible. We will work swiftly to preserve evidence and protect your rights.

What is the Statute of Limitations for Continuous Violence Against the Family?

In Texas, Continuous Violence Against the Family is treated as a continuing offense, and the three-year statute of limitations generally runs from the date of the most recent alleged act in the series. This is an important nuance. It means:

  • Older incidents can be used to support the charge
  • Cases can be filed even if earlier incidents occurred outside of that three-year window, as long as the most recent incident was within three years

Real-World Case Outcomes

Charge: Assault / Family Violence (Continuous)

Location: Travis County, Texas

After a domestic dispute, our client was accused of multiple assaults over several days, including claims of strangulation and a later injury to the complainant’s chin. We pulled the reports, text threads between the parties, and injury photos, then built a clear timeline. The records showed delayed reporting and key inconsistencies, and there was little corroboration for the strangulation allegations beyond statements. We presented these weaknesses to the prosecutor and were prepared to litigate. The case was resolved with deferred probation, avoiding a conviction and jail.

Result: Deferred Probation

Additional Resources

  1. SAFE Alliance: This group serves the survivors of child abuse, sexual assault, trafficking, and domestic violence, offering crisis intervention assistance and face-to-face support.
  2. Texas Advocacy Project: TAP helps survivors of domestic violence, sexual assault, child abuse, stalking, and human trafficking by providing free legal advice and social services.
  3. National Domestic Violence Hotline: Call, chat, or text this national hotline 24/7 at 1-800-799-SAFE if you need immediate assistance.

Domestic Violence Attorney for Continuous Violence in Austin, TX

If you’re facing continuous family violence charges, there’s no time to waste. Contact one of our experienced Austin criminal defense attorneys as soon as possible.

Our team focuses on strategy, personalized attention, white-glove customer service, and a custom defense. Every case is different and requires a completely different approach. 

And although many cases are resolved before trial, we prepare every case as if it will go the distance. In 2025, we achieved favorable or partially favorable outcomes in 65% of jury trials, including a 50% outright win rate.

We represent clients across Travis County and the greater Austin area, including Round Rock, Georgetown, Cedar Park, Pflugerville, Leander, Lago Vista, and Lakeway. Contact us today to set up a free consultation.

Last updated: April 2026 Reviewed for legal accuracy under Texas law by attorneys at Michael & Associates

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