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Continuous violence against the family in Texas
In short: Under Penal Code 25.11, a person commits continuous violence against the family if, within a period of 12 months or less, they twice or more commit bodily-injury assault against a family member, household member or dating partner. It is a third-degree felony, punishable by 2 to 10 years in prison and a fine up to $10,000, and it does not require any prior conviction.
How is this different from a regular family violence assault?
A single family violence assault causing bodily injury is usually a Class A misdemeanor. It becomes a felony under Penal Code 22.01(b)(2) only with a prior family violence conviction or if breathing or circulation was impeded. Section 25.11 is different: it lets the State charge a felony based on two or more incidents within 12 months, even if neither one was ever charged or resulted in a conviction.
What does the State have to prove?
- Two or more acts that each meet Penal Code 22.01(a)(1): intentionally, knowingly or recklessly causing bodily injury.
- That each act was against a person in a relationship covered by Family Code 71.0021(b) (dating), 71.003 (family) or 71.005 (household). The victims do not have to be the same person.
- That the acts happened within a period of 12 months or less.
Under 25.11(b), jurors do not have to agree on which specific acts happened, on what dates or in which county, but they must all agree that at least two qualifying acts happened within a 12-month period.
Can I be charged with both 25.11 and the individual assaults?
Generally not in the same case for the same conduct. Section 25.11(c) bars a conviction in the same criminal action for another offense against the same alleged victim that uses the same conduct as an element, unless it is charged in the alternative, happened outside the 12-month period, or is treated as a lesser included offense. Under 25.11(d), only one count may be charged if all the conduct involves a single victim or members of the same household.
What is the punishment?
| Item | Rule | Law |
|---|---|---|
| Level | Third-degree felony | Penal Code 25.11(e) |
| Prison range | 2 to 10 years | Penal Code 12.34 |
| Fine | Up to $10,000 | Penal Code 12.34 |
| Protective order length | A family protective order against a person charged under 25.11 lasts until the second anniversary of the final disposition of the criminal case | Family Code 85.025(a-4) |
Where does the defense focus?
- Whether each alleged incident actually caused bodily injury and can be proven, not just described.
- Whether the dates truly fall within a 12-month window.
- Whether the relationship meets the Family Code definitions.
- Whether older allegations were ever reported, and why not.
A conviction also brings a family violence finding and firearm consequences. See also impeding breath charges.
How do I get started?
The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.
Last updated October 2026
Common questions
Is continuous family violence a felony in Texas?
Yes. Penal Code 25.11 is a third-degree felony, punishable by 2 to 10 years in prison and a fine up to $10,000.
Do I need a prior conviction to be charged under 25.11?
No. The State can rely on two or more bodily-injury assaults within 12 months, even if none of them was charged before.
Do both incidents have to involve the same person?
No. The acts can be against one or more people, as long as each is a family member, household member or dating partner under the Family Code.
Do not wait for your court date to get help. Call (214) 239-2013.
Phones and chat are answered 24/7, with AI covering when no staff is free.
This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.