Texas takes crimes involving family members and household relationships very seriously. Under the state’s penal code, an entire chapter addresses offenses involving family relationships, children, custody, support obligations, and certain court orders. If you are facing charges under this chapter, including domestic violence, the consequences of a conviction can stay with you for the foreseeable future.
Many people are surprised to learn just how many different crimes fall under this heading. Some of the offenses are well known, while others are less commonly discussed but carry equally serious penalties. Learning about what these charges involve and what is at stake can help you make informed decisions about your defense. We’ll cover what you should know below.
What Does Chapter 25 of the Texas Penal Code Cover?
Chapter 25 of the Texas Penal Code falls under Title 6, “Offenses Against the Family.” It addresses crimes involving family relationships, children, custody, support obligations, and certain court orders.
The charges range from misdemeanors to serious felonies. Chapter 25 includes offenses such as bigamy, interference with child custody, enticing a child, criminal nonsupport, harboring a runaway child, violation of certain court orders or bond conditions, and continuous violence against the family.
What Are Common Offenses Against the Family in Texas?
Some Chapter 25 offenses can result in serious criminal penalties. Examples include:
- Violation of certain court orders or bond conditions (§ 25.07): This statute can apply when someone knowingly or intentionally violates qualifying court orders or bond conditions involving matters such as family violence, child abuse or neglect, sexual assault or abuse, stalking, or trafficking.
- Continuous violence against the family (§ 25.11): A person may face this charge for committing two or more qualifying assaultive offenses against a family or household member during a period of 12 months or less. It is a third-degree felony.
- Interference with child custody (§ 25.03): This offense can apply in several circumstances involving knowingly taking or retaining a child younger than 18, including certain violations of custody orders. It is generally a state jail felony.
- Criminal nonsupport (§ 25.05): A person commits this offense by intentionally or knowingly failing to provide legally required support for a qualifying child. Inability to provide support is an affirmative defense. The offense is a state jail felony.
The exact elements depend on the charge, so the prosecution must prove the requirements of the particular statute involved.
What Are the Penalties for Offenses Against the Family?
Penalties under Chapter 25 vary based on the particular offense and, in some cases, the defendant’s criminal history or other circumstances.
For example, harboring a runaway child (§ 25.06) is generally a Class A misdemeanor. Criminal nonsupport (§ 25.05) and interference with child custody (§ 25.03) are generally state jail felonies. Continuous violence against the family (§ 25.11) is a third-degree felony.
Some offenses can also be enhanced when statutory requirements are met. Because the potential punishment depends on the exact charge and facts, a defense attorney can review the applicable statute and explain the penalties you may face.
What Other Consequences Can a Chapter 25 Conviction Cause?
The effects of a conviction may extend beyond jail time and fines.
Depending on the offense and your circumstances, possible collateral consequences may include:
- Effects on child custody or visitation matters
- A criminal record that may appear on background checks
- Difficulty finding certain employment or housing
- Possible restrictions on possessing firearms
- Immigration consequences for noncitizens
These consequences are not the same in every case. The specific charge, level of offense, criminal history, immigration status, and other circumstances can affect what consequences may apply. A criminal defense attorney can evaluate the charge and help you understand what is at stake.
What Defenses May Apply to an Offense Against the Family?
The defenses available in a Chapter 25 case depend on the specific charge and facts. A criminal defense attorney may examine whether the prosecution can prove each required element of the alleged offense.
Depending on the charge, relevant issues may include:
- Whether the conduct was knowing or intentional when required by the statute
- Whether a valid court order applied
- Whether the accused violated the terms of an order
- Whether the prosecution can prove the alleged conduct occurred
- Whether a statutory defense applies
An attorney can review the evidence and determine which defenses may apply to your case.
Contact the Fort Worth Criminal Defense Attorneys at Cofer Luster Criminal Defense Lawyers for Help Today
A charge involving an offense against the family can expose you to criminal penalties and consequences that affect other areas of your life. Understanding the specific charge and the evidence against you is an important part of determining how to respond.
Cofer Luster Criminal Defense Lawyers has more than 60 years of combined criminal law experience, and our team includes former prosecutors who understand how criminal cases are built. Contact our Fort Worth criminal defense lawyers today at (682) 777-3336 to schedule a confidential consultation and discuss your case.
