Continuous Violence Against the Family
During a period of 12 months or less, the actor commits two or more acts of family-violence assault under §22.01(a)(1) against family/household/dating partner. No prior conviction is required for predicate assaults; victims may differ.
To prove this offense, the State must establish each of the following elements: Two or more acts within a 12-month period; Each act constituting an offense under §22.01(a)(1); Against a family/household/dating partner; No prior conviction required; 3rd degree felony.
The base classification is 3rd degree felony, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- Two or more acts within a 12-month period
- Each act constituting an offense under §22.01(a)(1)
- Against a family/household/dating partner
- No prior conviction required
- 3rd degree felony
During a period of 12 months or less, the actor commits two or more acts of family-violence assault under §22.01(a)(1) against family/household/dating partner. No prior conviction is required for predicate assaults; victims may differ.
Practice 2 questions on this topic
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Worked examples
Continuous Violence Against the Family (§25.11) requires that during a period of 12 months or less, the actor commits two or more acts of family-violence assault. It is what level of offense?
- Class A misdemeanor
- State jail felony
- 3rd degree felony Correct
- 2nd degree felony
Within an 8-month period, a defendant assaults his girlfriend on three separate occasions, each time causing bruising. He has not been convicted of any of the predicate assaults. Charge available without a prior conviction?
- Aggravated Assault — 2nd degree felony
- Continuous Violence Against the Family — 3rd degree felony Correct
- Stalking — 3rd degree felony
- Disorderly Conduct — Class C misdemeanor