What Is Continuous Family Violence?
– IT, Texas
Continuous family violence is a new offense created by the legislature in 2009. A first time family violence case is normally a Class “A” misdemeanor punishable by no more than a year in county jail.
Under the continuous family statute, a first charged offense can be punished as a third degree felony with a punishment range of two to ten years in prison. The statute requires the prosecutor to prove beyond a reasonable doubt that the defendant committed the offense of family violence at least twice in a twelve month period.
The jury does not have to agree on the specific date that the offenses occurred as long they find they occurred within 12 months. What this means is that the defendant may have a problem using an alibi defense.
This answer does not constitute legal advice, which can only be rendered after a full consideration of the facts of your case which is not possible in this format; nor establish an attorney-client relationship, which can only be done after you and an attorney meet and agree on the terms of that relationship. This answer is intended solely to provide general information about the justice system. Further, it does not provide the basis for making decisions about a course of action. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication. Moreover, links to information on this site are for your convenience only and are not an endorsement or recommendation of those sites, and no responsibility is taken for any information at these linked sites, nor makes any representation or warranty with respect to these sites or the information contained therein.