False allegations of continuous family violence can result from a variety of incidents. Oftentimes, false allegations are made against a family member by another out of spite, jealousy or anger. If you or someone you love has been wrongfully accused of family violence, call the family crimes attorneys at Dunham & Jones now to protect your rights.
The family crimes attorneys at Dunham & Jones know exactly how to tackle your family violence charges. Dunham & Jones’ team team of family crimes defense lawyers are very familiar with the process ahead of you and know how important it’s to aggressively fight on your behalf through every step. Trust your future to criminal defense attorneys who aren’t afraid of a challenge and will tirelessly pursue a positive resolution for you. Call Dunham & Jones now to schedule your free consultation to discuss the details of your unique situation.
Family Violence as Defined by Texas Law
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) of the Texas 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.
Common Repeat Domestic Violence Scenarios in Texas
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.
Penalties for Convicted Repeat Offenders of Continuous Violence
Those convicted of continuous violence against the family can face serious penalties and repercussions, including, but not limited to:
- Job loss
- Difficulty finding a new occupation
- Firearm possession and owning restrictions
- Denied admission into educational programs
- Ineligibility to receive certain types of financial aid
- Voting restrictions
- Prison sentence
- Criminal record
How to fight accusations of Continuous Family Violence
A continuous family violence charge can affect your entire life. Be sure that you are represented by an experienced family violence attorney that you can trust to aggressively defend you. Dunham & Jones’ family violence attorneys aren’t 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 Dunham & Jones now and schedule your free consultation to discuss your family violence charges.