Continuous Violence Against the Family (Texas Penal Code section 25.11)
Continuous violence against the family is a third-degree felony created by section 25.11 of the Texas Penal Code. It is not an enhanced assault; it is a separate offense with its own elements, its own jury instructions, and its own dangers for defendants.
Elements of the Offense
A person commits continuous violence against the family if, during a period of 12 months or less, the person two or more times engages in conduct that constitutes an offense under section 22.01(a)(1) of the Penal Code (assault causing bodily injury) against another person or persons whose relationship to the defendant is described by section 71.0021(b), section 71.003, or section 71.005 of the Family Code. In plain terms: two or more assaults against a family member, household member, or dating partner within a year. The alleged victims of the assaults can be different people.
Penalty
Continuous violence against the family is a third-degree felony: 2 to 10 years in prison and up to a $10,000 fine. This is the same punishment range as assault causing bodily injury with a prior family-violence conviction, but the mechanism is different. Section 25.11 does not require a prior conviction. The two assaultive acts alleged in the indictment are the offense itself.
The Unanimity Problem
This is what makes section 25.11 dangerous. In an ordinary criminal case, the jury must unanimously agree on the specific act that constitutes the offense. Under section 25.11, the jury does not have to agree on which specific acts of assault occurred, only that at least two acts occurred during the 12-month period. The State can allege multiple incidents, and different jurors can believe different incidents, as long as each juror believes at least two happened. This makes the offense much harder to defend than an ordinary assault.
How It Is Charged
Harris County prosecutors use section 25.11 in two situations: when there are multiple reported incidents within the past year, and when a single incident involves allegations of repeated violence over time. The indictment will allege that the defendant committed two or more assaults during a specified 12-month window. The State then presents evidence of as many incidents as it can, and the jury picks two.
Defenses
The defense strategies in a section 25.11 case are the same as in any assault case (self-defense, consent, false accusation, lack of bodily injury), but the stakes are higher because the State gets multiple bites at the apple. If the jury disbelieves three out of five alleged incidents but believes two, that is still a conviction. The defense must attack each alleged incident individually while also challenging the overall narrative.
If you are charged with continuous violence against the family, contact Bennett & Bennett at 713-224-1747.