When Can a Person Be Charged With Continuous Family Violence in Texas?

 Posted on September 23, 2021 in Criminal Defense

The term “continuous family violence” brings to mind the idea of ongoing abuse within a family—for example, a husband who routinely hits his wife or child. However, in Texas, continuous family violence just means that there were two or more allegations of family violence within a 12-month period. Because continuous family violence is a third-degree felony, as opposed to misdemeanor family violence, this charge needs to be taken much more seriously. Having a felony on your record can have a major negative impact on your life, so it is important to have an attorney who will defend you aggressively.

What Situations Can Lead to a Continuous Family Violence Charge?

The name of this offense can be misleading. The requisite two incidents of alleged family violence can occur on the same day. The state does not need to prove that family violence was an ongoing problem in the home. Here are some common ways the felony of continuous family violence can be charged:

• Multiple victims - Family violence can be deemed “continuous” even if there was only one single incident of violence when two or more alleged victims are involved.

• Claims of previous violence - Sometimes, when a person is arrested for family violence, the alleged victim may claim that the suspect has been violent before. This can lead a prosecutor to charge continuous family violence, even if you were never charged in any previous incident.

• Separate victims and incidents - The alleged victims can be two different people alleging two separate incidents, in two separate households, months apart. For example: a man is accused of pushing his live-in girlfriend in January. The victim does not press charges, but the couple splits and the man moves in with his sister. In November, the sister accuses him of pushing her as well. This counts as two incidents of family violence in Texas. Even if the two victims reside in separate counties, Rachel’s Law allows the prosecutor to charge continuous family violence.

Contact an Atascosa County Family Violence Defense Attorney

If you have been charged with continuous family violence in Texas, you need an aggressive defense attorney to fight for you to avoid a life-altering felony charge. You could be facing up to ten years in prison and up to a $10,000 fine. Many times, innocent people find themselves facing this type of accusation while going through a contentious divorce or custody battle. The BRCK Criminal Defense Attorneys have more than 40 years of combined experience in criminal cases and are ready to fight for you. Call 830-769-1010 to schedule your free consultation with a qualified Jourdanton criminal defense attorney.

Source:

https://statutes.capitol.texas.gov/docs/PE/htm/pe.25.htm