The moment your children watch as you’re led away in handcuffs—accused of hurting those you’ve protected your entire life.
Two minor arguments, months apart, can become a felony carrying ten years in prison—even without physical evidence.Our guide reveals prosecution timeline weaknesses we’ve exploited for dismissals, the three relationships Texas law requires proof of, and landmark decisions that have saved our clients.
For over 20 years, our Criminal Defense Lawyers have been turning prosecutors’ tactics against them.
Call (972) 528-0478 for a free case review, or read on to protect your future.
What is Continuous Family Violence in Texas?
Continuous family violence (legally termed “continuous violence against the family”) is a serious charge in Texas that can result in felony-level penalties. Unlike standard domestic assault charges, this offense specifically targets patterns of behavior rather than isolated incidents.
The state defines this crime as two or more domestic assaults committed within a 12-month period. What makes this charge particularly challenging to defend against is that jury members don’t need to agree on the specific incidents—they only need to unanimously agree that at least two assaults occurred within the timeframe.
If you’re facing these allegations in Texas, including Dallas, Irving, Carrollton, Richardson, Fort Worth, or surrounding areas, we will fight aggressively to protect your rights and freedom.
How Texas Law Defines Continuous Family Violence
Under Texas Penal Code § 25.11(a), you can be charged with continuous family violence if you intentionally, knowingly, or recklessly cause bodily injury to someone with whom you have a specific relationship, including:
⚖️ Who Can Be Considered Family or Household Members?
| Relationship Type | Legal Definition | Examples |
|---|---|---|
| Dating Relationship | A continuing relationship of a romantic or intimate nature (Texas Family Code § 71.0021) | Current or former dating partners, fiancés |
| Family | Individuals related by blood or marriage (Texas Family Code § 71.003) | Spouses, ex-spouses, parents of the same child, relatives |
| Household | Persons living together in the same dwelling (Texas Family Code § 25.11) | Roommates, unmarried partners sharing residence |
The prosecution must prove that you engaged in at least two separate incidents of assault against family members within a 12-month period.
Penalties for Continuous Family Violence in Texas
Continuous family violence is classified as a third-degree felony in Texas. If convicted, you face severe consequences that can impact every aspect of your life:
- Up to 10 years in prison
- Fines up to $10,000
- Permanent felony record
- Loss of firearm rights
- Potential immigration consequences
- Difficulty finding employment
- Child custody implications
How Our Texas Defense Attorneys Approach Your Case
At the Law Offices of Richard C. McConathy, we understand what’s at stake when you’re facing continuous family violence charges. We will:
- Thoroughly investigate all allegations – We examine the evidence, interview witnesses, and review police reports to identify weaknesses in the prosecution’s case.
- Challenge the timeline – The 12-month period is critical to this charge. We’ll scrutinize dates and question the prosecution’s ability to prove when alleged incidents occurred.
- Examine relationship status – We’ll determine if the alleged victim truly meets the legal definition of family or household member.
- Develop strong defense strategies – Depending on your situation, we may pursue defenses such as self-defense, lack of evidence, or constitutional violations during the investigation.
- Fight for the best possible outcome – Whether that means case dismissal, reduced charges, or acquittal at trial.
Recent Case Results for Family Violence Defense
Our firm has a proven track record of successfully defending clients against domestic violence and family violence charges:
- Assault Family Violence, Dismissed, Dallas County, M13-33519
- Assault Family Violence, Dismissed, Dallas County, M14-23336
- Assault Family Violence, Dismissed, Dallas County, M16-10155
- Assault- Threats Family Violence, Dismissed, Dallas County, C21363176 01
- Aggravated Assault w/ Deadly Weapon, Dismissed, Dallas County, F1300346
These case results demonstrate our ability to achieve dismissals even in serious family violence allegations. Each case is unique, but our approach has consistently delivered favorable outcomes for our clients.
Successful Defense Strategies in Family Violence Cases
There are several effective defense strategies we may employ in your case:
- Lack of evidence – The prosecution must prove beyond reasonable doubt that the alleged assaults occurred.
- Self-defense – If you were protecting yourself or others, this may be a legitimate defense.
- Wrongful accusations – Unfortunately, false allegations sometimes arise during divorce or custody disputes.
- Constitutional violations – If law enforcement violated your rights during the investigation or arrest.
- Inconsistent testimony – Contradictions in witness statements can undermine the prosecution’s case.
Texas Continuous Family Violence Laws and Penalties
Understanding Texas law is crucial when facing continuous family violence charges. The state has specific statutes addressing this offense:
Key Texas Court Decisions on Continuous Family Violence
Ellison v. State, 425 S.W.3d 637 (Tex.App.—Houston [14th Dist.] 2014) The court ruled that a defendant cannot be convicted of continuous family violence in two separate indictments if both indictments involve the same incidents of assault within the same 12-month period.
Hill v. State, 455 S.W.3d 271 (Tex.App.—Texarkana [6th Dist.] 2015) The court applied reasoning from continuous sexual abuse cases to continuous family violence cases, establishing that there must be sufficient evidence to prove all allegations.
Client Testimonial
“Richard made such an effort to prove my innocence and I couldn’t thank him enough for the hard work that he put in for my case. Sometimes to beat the system you got to know somebody that knows the system and Richard McConathy definitely knows the system.” – Former Client
Why Choose the Law Offices of Richard C. McConathy for Your Texas Case?
With over three decades of experience, Attorney Richard C. McConathy and his team have the knowledge and track record to aggressively protect your rights and freedom. As a Criminal Law Specialist, Richard C. McConathy has demonstrated the highest level of expertise in this complex area of law.
What sets our firm apart is our unwavering commitment to each client. We take the time to understand the unique circumstances of your case and develop a customized defense strategy. Whether you’re facing a misdemeanor, felony charge, or family matter, you can trust that your case is in capable hands.
Contact Our Texas Continuous Family Violence Defense Attorneys
If you’ve been charged with continuous family violence in Texas, don’t wait to get the legal help you need. Contact us today at (972) 528-0116 for a consultation about your case.
Our team serves clients throughout Texas, including Dallas County, Denton County, Tarrant County, Collin County, and beyond. We’ll review your situation, explain your options, and help you build a strong defense.
Remember, an arrest is not a conviction. With the right legal representation, you have a fighting chance to protect your rights, your reputation, and your future.