Continuous Violence Against the Family
False allegations of continuous violence family violence can result from a number of situations, including divorce situations or where one party is trying to gain a more favorable position in a child custody battle. Additionally, these types of false accusations can be made against a family member by another out of spite, jealousy or anger.
Allegations of continuous violence against the family can result in serious penalties and repercussions, including, but not limited to:
- Inability to apply for certain jobs, professions, or occupations;
- Inability to own or possess a gun or firearm;
- Ineligibility be admitted into certain educational programs;
- Inability to maintain certain professional licenses;
- Ineligibility to receive certain types of financial aid;
- Ineligibility to vote or hold public office;
- Jail or prison time;
- Hefty fines; and/or
- A criminal record.
Before you can be convicted of a continuous violence against the family offense, the prosecution must first prove you committed every element of the offense beyond a reasonable doubt. This can be a very difficult burden of proof to fulfill, and if the judge or jury has any doubt you committed every element to the continuous family violence offense, the charges against you may be reduced or dismissed. Therefore, it is important to hire an experienced family crime defense attorney who can help you identify the best legal strategy for your particular situation.
Dallas Continuous Family Violence Lawyer
The attorneys of Stuckle & Associates PLLC know exactly how to tackle your charges and focus solely on family crimes. Our team is very familiar with the process ahead of you and we know how important it is to aggressively fight on your behalf through every step. Trust your future to attorneys who are not afraid of a challenge and will tirelessly pursue a positive resolution for you. Call (972) 423-4405 today to schedule your free consultation to discuss the details of your unique situation.
Texas Repeat Family Violence Information Center
- Family Violence as Defined by Texas Law
- Common Repeat Domestic Violence Scenarios
- Penalties for Convicted Repeat Offenders
As defined in section 71.003 of the Texas Family Code, the term "family" is comprised of individuals who are related by blood or marriage, individuals who are former spouses of each other, individuals who are the parents of the same child (regardless of marriage), and foster children and parents, regardless if these individuals reside in the same household. A "household" is defined under the Texas Family Code § 71.005 as a unit where individuals live together in the same dwelling, regardless if they are related to each other or not.
The Texas Family Code § 71.004 defines family violence as:
- An act by a member of a family or household that is intended to cause physical harm, bodily injury, assault or sexual assault against another family or household member;
- A threat by a family our household member that reasonably causes another family or household member to fear imminent physical harm, bodily injury, assault or sexual assault;
- Child abuse; or
- Dating violence.
According to the Texas Family Code, dating violence, which can be involved in allegations of continuous family violence, is defined under Section 71.0021(a) as of the Family Code as an act that is committed against a victim:
- With another person the alleged offender has or has had a dating relationship with; or
- Because of the victim’s marriage to or dating relationship with another person the alleged offender is or has been in a dating relationship with or married to.
Additionally, the alleged offender must have intended to cause physical harm, bodily injury, assault or sexual assault through the act or reasonably caused the alleged victim to imminently fear physical harm, bodily injury, assault or sexual assault.
According to section 25.11 of the Texas Penal Code, an individual can be charged with continuous violence against the family if they commit any of the following assaultive offenses against another person who is a family member, resides in the same household or is in a dating relationship with the alleged offender:
- Recklessly, intentionally or knowingly causing bodily injury to a family or household member or person in a dating relationship;
- Knowingly or intentionally threatening imminent bodily injury against a family or household member or person in a dating relationship; or
- Knowingly or intentionally causing physical contact with a family or household member or person in a dating relationship they know or have reason to believe will be regarded as offensive or provocative by the other person.
The alleged assaultive offense must have also occurred two or more times during a period that is 12 months or less.
The general penalties and punishments for a conviction for continuous family violence are defined in Chapter 12 of the Texas Penal Code.
- A conviction for continuous violence against the family is generally punishable as a felony of the third degree, which can result in a prison sentence ranging from two to ten years and/or a fine up to $10,000.
Additionally, the punishments to a continuous family violence offense can increase depending on a variety of factors, such as:
- Whether the alleged victim was a child, disabled, incompetent or elderly person,
- Whether the alleged offender used a weapons during the commission of the offense,
- Whether the alleged offender caused death or serious bodily injury,
- Whether the alleged offender has a prior criminal conviction,
- Whether the alleged offender is considered a habitual offender, and/or
- Whether the alleged offender is considered a repeat felony offender.
Finding an Attorney to Fight Accusations of Continuous Family Violence in Fort Worth
A continuous family violence charge can affect your entire life. Be sure that you are represented by an attorney that you can trust to aggressively defend you. Those in Dallas County, Tarrant County, and Denton County can turn to Stuckle & Associates PLLC for attorneys who are not afraid to take on a challenge and are ready to dedicate themselves to your defense. To enlist the aid of an experienced family violence lawyer, call (972) 423-4405 today and schedule your free consultation appointment.