The state accuses the defendant of having committed the offense of continuous violence against the family.

Relevant Statutes

A person commits the offense of continuous violence against the family if, during a period that is twelve months or less in duration, the person two or more times engages in conduct that constitutes assault against another person or other persons who have a dating, family, or household relationship with the person.

A person commits the offense of assault by intentionally, knowingly, or recklessly causing bodily injury to another.

Definitions

Bodily Injury

“Bodily injury” means physical pain, illness, or any impairment of physical condition.

Intentionally Causing Bodily Injury

A person intentionally causes bodily injury to another if it is the person’s conscious objective or desire to cause the bodily injury to another.

Knowingly Causing Bodily Injury

A person knowingly causes bodily injury to another if the person is aware that the person’s conduct is reasonably certain to cause the bodily injury to another.

[Include the following if recklessness is pleaded.]

Recklessly Causing Bodily Injury

A person recklessly causes bodily injury to another if the person is aware of but consciously disregards a substantial and unjustifiable risk that the person’s action will cause bodily injury to another. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.

[Continue with the following.]

Dating Relationship

A “dating relationship” is one 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 on consideration of—

1. the length of the relationship;
2. the nature of the relationship; and
3. the frequency and type of interaction between the persons involved in the relationship.

Family

A “family” includes individuals related by consanguinity or affinity, former spouses of each other, individuals who are the parents of the same child, and foster child and parent.

[Include the following if raised by the evidence.]

Related by Consanguinity

Two individuals are “related to each other by consanguinity” if one is a descendant of [or shares a common ancestor with] the other.

Related by Affinity

Two individuals are “related to each other by affinity” if one is married to the other or the person’s spouse is related by consanguinity to the other individual. [A marriage’s end by divorce or a spouse’s death ends relationships by affinity that the marriage created unless a child of that marriage is living, in which case the marriage is considered to continue as long as a child of that marriage lives.]

Household

A “household” means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, two elements. The elements are that—

1. the defendant, in [county] County, Texas, committed two or more of the following:

   [Insert detailed allegations; modify the following language as needed depending on the number of acts of family violence alleged. The following example is for three alleged instances of family violence.]

   1. on or about [date]—
      1. the defendant intentionally, knowingly, or recklessly caused bodily injury to [name] by [insert specific allegation, e.g., striking [name] with his hand], and
      2. the defendant and [name] were then in a [dating/family/household] relationship; [and/or]
   2. on or about [date]—
      1. the defendant intentionally, knowingly, or recklessly caused bodily injury to [name] by [insert specific allegation, e.g., striking [name] with a rock], and
      2. the defendant and [name] were then in a [dating/family/household] relationship; [and/or]
   3. on or about [date]—
      1. the defendant intentionally, knowingly, or recklessly caused bodily injury to [name] by [insert specific allegation, e.g., kicking [name] with his foot], and
      2. the defendant and [name] were then in a [dating/family/household] relationship; and

[Continue with the following.]

2. the defendant committed the two or more offenses during a period that was twelve months or less in duration.

You must all agree on elements 1 and 2 listed above.

[Include if submitting more than two allegations/instances of assault.]

With regard to element 1, you do not need to all agree on which specific instances of assault were committed by the defendant, if any, or the exact date when each instance of assault occurred. You must all agree, however, that the defendant committed two or more instances of assault.

[Continue with the following.]

With regard to element 2, you must all agree that at least two proven instances of assaultive conduct occurred during a period of twelve months or less in duration.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or both of elements 1 and 2 listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the two elements listed above, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]