Texas continuous family violence — Penal Code § 25.11
Texas continuous family violence is a criminal offense under Penal Code § 25.11. Base conduct is classified as a third-degree felony; enhancements and aggravators can move the punishment range higher. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Bottom line up front: Texas Penal Code § 25.11 elevates two or more family violence assaults committed by the defendant against family or household members during a 12-month period to a third-degree felony — regardless of whether the underlying assaults are otherwise Class A or B misdemeanors. The State need not have obtained convictions on the underlying assaults to prosecute §
Classification: Third-degree felony
Punishment range: 2 to 10 years TDCJ and up to $10,000 fine
The controlling statute
Texas Penal Code § 25.11 elevates two or more family violence assaults committed by the defendant against family or household members during a 12-month period to a third-degree felony — regardless of whether the underlying assaults are otherwise Class A or B misdemeanors. The State need not have obtained convictions on the underlying assaults to prosecute § 25.11.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 25.11 |
| Cluster | Violent Crimes |
| Classification | Third-degree felony |
| Range | 2 to 10 years TDCJ and up to $10,000 fine |
| Last reviewed | 2026-05-13 |
Elements the State must prove
To convict on a Texas § 25.11 charge, the State must prove every element beyond a reasonable doubt:
- Defendant engaged in two or more assaultive acts during a 12-month period
- Each act was against a person whose relationship with defendant was described in Family Code § 71.0021(b), § 71.003, or § 71.005
- Defendant intentionally, knowingly, or recklessly caused bodily injury to the victim(s)
Defense strategies we use
L and L Law Group, PLLC develops the following defense strategies on every Texas Continuous Family Violence case:
- Election of specific assaultive incidents — unanimity strategy
- Self-defense and defense of third person on individual incidents
- Family or household member relationship element challenges
- Statute of limitations on individual acts
- Sufficiency of evidence on second qualifying act
- Independent Affidavits of Non-Prosecution on underlying acts
Enhancements & collateral consequences
Standalone third-degree felony — no enhancement needed beyond the two qualifying acts. Federal firearm restriction under 18 U.S.C. § 922(g)(9) attaches based on the § 25.11 conviction with family-violence finding. Habitual offender enhancements (§ 12.42) apply to prior felonies.
Key Legal Terms
- Family Violence Finding (CCP Art. 42.013)
- Court finding that an offense involved family violence as defined in Family Code § 71.004 — triggers federal firearm restriction under 18 U.S.C. § 922(g)(9) and enhanced penalties for repeat offenses.
- Family / Household Member
- Family Code §§ 71.0021(b), 71.003, and 71.005 — includes spouses, former spouses, dating partners, parents of children in common, roommates, and family members by blood or marriage.
- Battering Intervention and Prevention Program (BIPP)
- Court-approved 18 to 24-week intervention program required as a condition of probation in most family violence cases. Successful completion is often required before bond conditions can be modified.
In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
What is the difference between Class A family violence assault and continuous family violence?
Do the underlying assaults have to result in convictions for continuous family violence to apply?
What is a "family or household member" under § 25.11?
Does continuous family violence require firearm restriction?
Can probation or deferred adjudication be granted on continuous family violence?
References & Authoritative Sources
About the Authors
Charged with Texas Continuous Family Violence? Talk to L and L Law Group.
Co-founding partners Reggie London and Njeri London personally handle every case. Free consultation. Frisco, Texas.
Call (972) 370-5060