Under Texas Penal Code § 25.11, continuous violence against the family is charged when prosecutors allege someone committed two or more qualifying acts of family violence within a 12-month period against a family member, household member, or dating partner.
A continuous family violence charge is not a typical domestic assault allegation. The state doesn't need prior convictions for the alleged incidents, and Texas law does not require jurors to agree on the precise underlying incidents, so long as they unanimously find the required course of conduct was proven.
Unlike many domestic assault allegations, continuous violence against the family is charged as a felony from the outset, even if you have no prior criminal convictions.
Instead of prosecuting one alleged incident, the state attempts to establish a pattern of conduct over time. That makes these cases more complicated, more fact-intensive, and often more defensible than they first appear.
It’s important to take quick legal action when facing these charges. Waiting to “see what happens” can seriously damage your defense.
San Antonio Continuous Family Violence Attorney
At Michael & Associates, our San Antonio criminal defense attorneys defend people facing continuous family violence allegations in Bexar County, challenging weak timelines, conflicting accusations, and evidence gaps before prosecutors define the case.
Our defense strategy often includes:
- Immediate evidence preservation
- Timeline reconstruction across alleged incidents
- Review of police reports, 911 calls, digital communications, and witness statements
- Challenging delayed reporting and inconsistent allegations
- Investigating custody disputes, divorce conflict, breakup dynamics, or motive where relevant
- Identifying constitutional issues in police investigation or evidence gathering
- Early litigation strategy development
In Bexar County, prosecutors frequently move forward with family violence charges even when the complaining witness no longer wants prosecution.
What Is Continuous Violence Against the Family in Texas?
Under Texas Penal Code § 25.11, prosecutors must prove that a person allegedly committed two or more qualifying acts within a 12-month period against:
- A family member
- A household member
- A current or former dating partner
Most continuous family violence prosecutions rely on allegations that would qualify as:
- Assault causing bodily injury under Texas Penal Code § 22.01(a)(1)
- Assault by threat under Texas Penal Code § 22.01(a)(2)
Additionally, there are a few Important legal realities you must understand:
- The alleged incidents do not need separate arrests
- The alleged incidents do not need prior convictions
- Prosecutors do not have to prove exact dates
- Texas law does not require jurors to agree on the exact same underlying incidents
However, the jury must unanimously find that prosecutors proved the required course of conduct.
Because the state’s theory depends on establishing a pattern, attacking timeline credibility is often central to the defense.
What Counts as Family Violence in Texas?
Under Texas Family Code § 71.004, family violence generally includes:
- An act intended to result in physical harm, bodily injury, assault, or sexual assault
- A threat that reasonably places a family or household member in fear of imminent physical harm
This can involve allegations between:
- Spouses
- Former spouses
- Dating partners
- Former dating partners
- Parents of the same child
- Household members
- Certain relatives
Not every argument or emotionally charged disagreement qualifies as family violence under Texas law.
Is Continuous Family Violence Always a Felony?
Yes. Continuous violence against the family is always charged as a third-degree felony, regardless of whether the accused has prior criminal history.
Potential penalties for a third-degree felony include:
- 2 to 10 years in prison
- Up to $10,000 fine
Additional consequences may include:
- Emergency protective orders
- No-contact bond conditions
- Firearm possession restrictions
- Child custody complications
- Protective order litigation
- Immigration consequences
- Professional licensing consequences
- Long-term criminal record consequences
This is dramatically more serious than many first-time misdemeanor domestic assault allegations.
Can a Continuous Family Violence Charge Affect Gun Rights?
Yes. A continuous family violence charge can affect firearm rights through bond conditions, protective orders, or a conviction, depending on the circumstances.
A pending charge does not automatically eliminate firearm rights. However, bond conditions, protective orders, and court orders may restrict firearm possession while the case is pending.
A conviction can create much more serious consequences. Federal law imposes firearm restrictions for many domestic violence convictions, and certain protective orders may also affect firearm possession.
Because both state and federal laws can apply, firearm consequences should be evaluated early in any family violence case.
How Continuous Family Violence Cases Are Built
Many people assume prosecutors need visible injuries, medical records, or other physical evidence to file continuous family violence charges. That is often not true.
Texas prosecutors can pursue these cases even when there are no documented injuries or medical records. Instead, they may rely on:
- Statements from the complaining witness
- 911 recordings
- Police body camera footage
- Text messages and emails
- Social media communications
- Medical records and injury photographs, when available
- Prior police responses
- Statements from children, relatives, neighbors, or other witnesses
Because continuous family violence allegations often involve multiple incidents occurring over time, prosecutors frequently attempt to build a broader narrative using witness testimony, digital communications, and circumstantial evidence rather than a single piece of physical proof.
Some allegations are reported weeks or months after the alleged conduct occurred. As a result, these cases often involve disputes over credibility, inconsistent statements, missing evidence, and timeline accuracy.
Because the State must prove a pattern of qualifying conduct within a specific time period, weaknesses in the timeline, witness credibility, or supporting evidence can become important issues in the defense.
Can Continuous Family Violence Charges Be Dismissed Before Indictment?
Yes. Some continuous family violence cases are dismissed before a grand jury returns an indictment.
In Texas felony cases, prosecutors typically present evidence to a grand jury, which decides whether to proceed with formal felony charges.
Before formal felony charges move forward, prosecutors review evidence, witness statements, police reports, digital communications, and other investigative materials.
Defense attorneys may challenge:
- Weak timelines
- Inconsistent allegations
- Witness credibility issues
- Lack of corroborating evidence
- Self-defense claims
- Constitutional violations
Early intervention may allow the defense to present favorable evidence and address weaknesses before prosecutors make final charging decisions.
Related: What happens after a grand jury indictment?
Can Charges for Continuous Family Violence Be Dismissed?
Yes. Continuous family violence charges can sometimes be dismissed when prosecutors cannot prove the required pattern of conduct, witness credibility is challenged, or the evidence is insufficient.
Potential defense weaknesses may include:
- Inconsistent allegations
- Weak timeline evidence
- Delayed reporting
- Lack of corroboration
- Witness credibility problems
- False allegations
- Constitutional violations
- Discovery failures
- Failure to prove qualifying predicate conduct
Some cases resolve through dismissal. Others may be reduced, negotiated, or litigated at trial.
Early defense intervention creates more options.
What If the Alleged Victim Wants Charges Dropped?
In Texas, the complaining witness does not control prosecution. Only prosecutors can dismiss criminal charges. The case may proceed even if the alleged victim:
- Recants
- Requests dismissal
- Refuses to cooperate
- Wants contact to be restored
That is especially true in Bexar County family violence prosecutions.
An Affidavit of Non-Prosecution may be helpful in some cases, but it does not guarantee dismissal.
Is Continuous Family Violence Probation Eligible?
Potentially, yes. Continuous family violence is a third-degree felony, and some defendants may be legally eligible for community supervision depending on the allegations, criminal history, and case posture.
However, eligibility does not guarantee prosecutors will offer probation, and certain factual allegations can significantly affect sentencing exposure.
This is highly case-specific.
Self-Defense in Continuous Family Violence Cases
Self-defense can be an important issue in some continuous family violence cases.
Police often respond after a domestic dispute has already occurred, which can leave officers with conflicting stories and limited evidence. As a result, the person arrested is not always the person who initiated the confrontation.
Potential self-defense issues may involve:
- Mutual confrontations
- Defensive injuries
- Initial aggressor disputes
- Witness credibility problems
- Incomplete police investigations
Defense attorneys often review medical records, photographs, text messages, witness statements, and other evidence to determine whether a lawful self-defense claim may apply.
Because evidence can disappear quickly, early investigation is often critical when self-defense is a potential defense.
What Happens After a Continuous Family Violence Arrest in San Antonio?
A Bexar County felony family violence arrest may trigger:
- Magistrate appearance
- Bond setting
- Emergency protective orders
- No-contact release conditions
- Prosecutor screening
- Felony charging review
- Criminal District Court proceedings
- Discovery exchange
- Pretrial motions
- Plea negotiations or jury trial
Many defendants are released under immediate restrictions prohibiting contact with the alleged victim.
Violating those conditions can create entirely new criminal exposure.
How Bexar County Prosecutors Handle Family Violence Cases
Bexar County prosecutors generally treat domestic violence allegations aggressively.
Practical realities often include:
- Prosecution despite victim recantation
- Aggressive protective order requests
- Strict bond conditions
- Heavy reliance on digital communications and recorded statements
- Emotionally charged credibility disputes
Because continuous family violence cases depend on building a broader narrative, early defense intervention can materially change the outcome.
Statute of Limitations for Continuous Family Violence
Texas courts treat continuous family violence as a continuing offense.
That means the limitations period generally runs from the most recent alleged qualifying act, not necessarily the earliest accusation.
As a result, older alleged incidents may still become part of the prosecution’s case theory.
Real San Antonio Continuous Family Violence Case Outcomes
Charge: Continuous Family Violence
Location: Bexar County Criminal District Court
Description: Client retained the firm after being accused of continuous family violence. Defense counsel moved quickly, filing a Letter of Representation and a Motion to Suppress shortly after onboarding. Bond conditions were also successfully modified early in the case, including removal or modification of no-contact restrictions and approval for out-of-state travel. The matter was resolved quickly after early litigation pressure and defense intervention.
Outcome: Dismissal
Charge: Continuous Family Violence
Location: Bexar County Pre-Indictment / Felony Court
Description: Client faced a continuous family violence allegation and maintained that the complaining witness had been the aggressor during the incident. Defense counsel quickly moved to modify restrictive bond conditions that were interfering with parenting responsibilities and daily life. After initial prosecutorial opposition, the court granted modified release terms. Counsel also secured travel approvals, obtained discovery, and continued pushing the case prior to indictment while challenging the state’s ability to move forward.
Outcome: Dismissed before indictment
San Antonio Resources
- Family Violence Prevention Services offers emergency shelter, counseling, legal advocacy, children’s services, transitional housing, and crisis intervention.
- Bexar County Family Justice Center connects survivors with legal advocacy, counseling, safety planning, and coordinated support in one location.
- Bexar County Family Violence Prevention Program focuses on victims, survivors, and family violence intervention services.
- National Domestic Violence Hotline provides 24/7 confidential national support by phone, chat, and text.
- Love Is Respect focuses on dating abuse, relationship violence, coercive control, and younger survivors.
Why Hire Michael & Associates?
When you are facing a felony domestic violence allegation, experience matters.
Michael & Associates offers:
- 425+ years of combined attorney experience
- 800+ jury trials
- Former prosecutors
- Senior attorneys handling serious criminal cases
- Senior attorneys handling every stage of the case
- Trial-first defense strategy
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, according to our internal case records.
Founder and Managing Partner Ben Michael remains actively involved in firm strategy and case oversight.
We handle all types of San Antonio assault cases, including assault by contact, aggravated assault, family violence, assault on a public servant, and allegations that include use of a deadly weapon or strangulation.
Speak With a San Antonio Continuous Family Violence Lawyer Today
Continuous family violence cases are built around timelines, narratives, and evidence that can shift quickly.
The earlier your defense begins, the more options you may have to challenge the allegations.
If you were arrested in San Antonio, Bexar County, or the surrounding areas, including New Braunfels, Schertz, Cibolo, Boerne, Seguin, Converse, Universal City. Helotes or Floresville, contact Michael & Associates today for a free, confidential consultation.
Last updated: May 2026. Reviewed for legal accuracy under Texas law by attorneys at Michael & Associates. Past results do not guarantee future outcomes. Every case is fact-specific.
