What is Continuous Family Violence in San Antonio
The crime of Continuous Violence against the Family is a third-degree felony under Texas Penal Code, Section 25.11. Family violence committed two or more times during a period that is 12 months or less in duration can result in serious criminal penalties.
The term “family violence” means an act by a member of a family or household against another member of the family or household that is intended to result in one of the following:
- Physical harm
- Bodily injury
- Assault
- Sexual assault
- That is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault.
Family violence does not include defensive measures to protect oneself (often called self-defense).
If you were accused of engaging in an offense that constituted an assault against a family member, a member of a household, or a member of a dating relationship, then contact an experienced criminal defense attorney to find out the best ways to fight the charges.
Finding An Attorney For Continuous Family Violence In San Antonio, TX
If you were charged with continuous family violation under Section 25.11, then contact an experienced criminal defense attorney in San Antonio, TX, at Flanary Law Firm, PLLC. Don Flanary is an experienced domestic violence defense attorney who can help you protect your rights after a false or exaggerated accusation.
Don Flanary represents clients charged with domestic violence and continuous family violence throughout Bexar County and the surrounding counties of Kendall County, Comal County, Guadalupe County, Wilson County, Atascosa County, Medina County, and Bandera County.
Call (210) 899-7566 to discuss your case today.
Elements of Continuous Violence against the Family – Section 25.11
The following elements of the criminal offense of Continuous Violence against the Family must be proven at trial beyond all reasonable doubt:
- The defendant intentionally, knowingly, or recklessly
- Causes bodily injury to another, including the person’s spouse
- During a period that is 12 months or less in duration
- By engaging in conduct that constitutes assault against a family member, a member of a household, or a member of a dating relationship
Definitions Related To Family Violence In Texas
Under the Texas statute for family violence, the term “bodily injury” means physical pain, illness, or any impairment of physical condition. The term spouse” means a person who is legally married to another.
For purposes of the statute prohibiting continuous violence against the family, the term “family” includes individuals related by consanguinity or affinity, as determined under Sections 573.022 and 573.024, Government Code, including:
- Individuals who are former spouses of each other
- Individuals who are biological parents of the same child, without regard to marriage
- A foster child and foster parent, without regard to whether those individuals reside together
The term household” means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other. The term “member of a household” includes a person who previously lived in a household.
The term “dating relationship” means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based upon consideration of:
- The length of the relationship
- The nature of the relationship
- The frequency and type of interaction between the persons involved in the relationship
A casual relationship or ordinary fraternization in a business or social context does not constitute a “dating relationship” as defined herein.
Find A Lawyer For Family Violence In Bexar County, TX
If you were charged by indictment with the offense of continuous violence against the family, then contact an experienced criminal defense attorney in San Antonio, TX. Don Flanary represents clients charged with domestic violence crimes. He understands how complicated these cases can be, especially when children are involved.
If you have been accused of a crime of violence committed within the family, then call (210) 899-7566 today for a free consultation. During the consultation, you can talk with Don Flanary about the facts of your case, what you need to do right now to protect yourself against a false allegation, and the best defenses available to fight the charges.
Why Choose Flanary Law Firm, PLLC?
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Constant CommunicationAt our firm, we always want our clients to feel empowered when defending against criminal charges. We aim to constantly communicate with our clients, answering questions and taking feedback as we progress through the case. We are always here to answer your questions or adjust your legal strategy as needed.
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A History of ResultsWith multiple decades of experience between our attorneys, we have a history of proven results and happy clients. We always aim to get a criminal case dismissed or have the charges lowered to reduce any penalties our clients are facing. We are confident we can get you the results you deserve.
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Experience You Can Count OnAt our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
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Advice on Your TimelineWe understand that all criminal cases work at different paces. Whether you are just looking around for a lawyer because you're under investigation or you need immediate representation, our team can help. We will work with you no matter where you are in the process to protect your rights.
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Free Initial ConsultationsWe understand that hiring a criminal defense attorney is a big decision that many people need time to make. That's why we offer all our potential clients a free consultation to see if we're the right legal team for them. We will review your case and begin building a legal strategy to defend your rights.
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Personalized Legal Defense StrategiesAll criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.