September 10, 2026
Continuous Violence, Protective Order Violations, and Your Gun Rights
A Texas family violence case rarely stays a single assault charge. Prosecutors can stack repeat-allegation felonies, protective order violations, and firearm charges on top. The Napier Law Firm defends these related charges together, examining how the allegations, orders, prior history, and available evidence interact from the beginning of the case.
Continuous Violence Against the Family (Penal Code 25.11)
Texas Penal Code §25.11 addresses continuous violence against the family when a person, during a period of 12 months or less, engages in conduct constituting an offense under §22.01(a)(1) two or more times against qualifying family, household, or dating relationships under Texas law.
The offense is a third-degree felony. A prior conviction for either incident is not required, so allegations that might otherwise be handled as separate misdemeanor assaults can become one felony prosecution when the statutory requirements are met. The statute also contains special jury rules concerning agreement on specific conduct, dates, and counties.
A defense must examine whether each alleged incident qualifies under the statute and whether the State can prove the required conduct and Texas assault charges beyond a reasonable doubt in the case before trial.
Violating a Protective Order (Penal Code 25.07)
Penal Code §25.07 makes certain knowing or intentional conduct in violation of a qualifying protective order or bond condition a separate criminal offense with potential penalties. Depending on the order, prohibited conduct can include committing family violence, communicating with a protected person, going to specifically prohibited locations, or possessing a firearm.
The base offense is generally a Class A misdemeanor, while statutory enhancements can increase the charge when prior violations or aggravated conduct are alleged. The key point is that violating an order can create new criminal exposure even when the underlying allegation has not resulted in a conviction. Do not assume informal permission or a changed personal relationship cancels the order.
Firearms After a Family Violence Charge: Texas and Federal Law
Texas and federal law can create separate firearm restrictions. Under Penal Code §46.04(b), a person convicted of a qualifying Class A misdemeanor under §22.01 involving a family or household member can commit a separate offense by possessing a firearm before the fifth anniversary of the later applicable release date from confinement or community supervision.
Federal law adds another important layer: 18 U.S.C. §922(g)(8) generally prohibits firearm possession by a person subject to a qualifying protective order meeting the statute’s requirements, even before any criminal conviction. The order’s precise terms and circumstances matter in each case. It is prudent to get strong representation from a Texas weapons and firearms charge defense lawyer in these cases.
Anyone asking, “can I own a gun after a domestic violence charge in Texas?” should have state and federal restrictions reviewed before possessing, purchasing, or transferring a firearm. To schedule a free consultation, contact The Napier Law Firm as soon as possible.
Frequently Asked Questions
What Is Continuous Violence Against the Family in Texas?
It is a third-degree felony under Penal Code §25.11 when the State alleges that a person committed two or more qualifying family violence assaults within a period of 12 months or less. The offense carries two to 10 years in prison and a fine of up to $10,000. Early defense can challenge whether each underlying incident qualifies under §25.11 and whether the State can prove the required conduct beyond a reasonable doubt in court.