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What Is Continuous Violence Against the Family?

 Posted on June 05, 2024 in Family Violence

TX defense lawyerWhat other states might call domestic violence is called family violence in Texas. This is because victims in family violence cases can be any member of your family, including those you do not live with, and these assaults do not always take place in domestic settings. Continuous violence against the family is a felony charge that is brought when the same person commits multiple family violence offenses within a year. You can be charged with this crime for as few as two family violence offenses in a 12-month period - and jailed for up to ten years if you are convicted. A Frisco, TX family violence lawyer can take steps to defend you against this serious criminal charge.

Do Both Family Violence Offenses Have to Involve the Same Victim? 

No. Continuous family violence can be charged even if the first offense was committed against one family member and the second offense was committed against a different family or household member. For example, if you were convicted of family violence after fighting with your brother a few months ago and are arrested a second time because your girlfriend reported that you assaulted her, your second arrest will lead to continuous family violence charges.

Why is This Offense Considered So Serious?

This offense is designed to harshly punish people who repeatedly assault their family members, dating partners, or others they have a domestic relationship with. Courts tend to assume that someone who has committed two acts of family violence within a year regularly abuses his or her family members or significant others and will likely continue to do so if he or she is not incarcerated.

How Can a Lawyer Help Me? 

There are several strategies a lawyer may use to defend you. Successfully defending you against the second domestic violence allegation will defeat a continuous family violence charge, as the state has to prove that you committed both assaults. This may mean showing that the state does not have enough evidence to convict you, which can often be done if the only real evidence is the alleged victim’s word against yours.

If there is substantial evidence that you committed the second assault, your attorney may try to prevent you from facing a long term of incarceration by showing that a sentence of court supervision alone is sufficient.

Contact a Collin County, TX Continuous Family Violence Attorney

Law Offices of Biederman & Burleson P.L.L.C. has taken more than 600 criminal cases to trial with excellent results. Our experienced Frisco, TX family violence lawyers will strategize carefully to get you the best outcome possible. Contact us at 469-333-3333 for a complimentary consultation.

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