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Continuous Family Violence / Sex Abuse question

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December 17, 2010, 11:31
JDM
Continuous Family Violence / Sex Abuse question
This is a stretch, but we have two DV "A" assaults which we would rather try as Continuous Family Violence. Same defendant, same victim. Must the assaults have occurred in the same county? The second DV "A" assault occurred in an adjoining county (but not within 400 yards of ours). Our research has turned up no authority. If no authority exists concerning CFV cases, has this issue been addressed yet in CSA cases (assuming CCP 13.15 is inapplicable)?
December 17, 2010, 12:58
JB
Absent a specific venue statute, it defaults to the one that says venue is in any county in which any part of the crime occurred. That theory has been applied successfully to multiple aggregated thefts that occurred in more than one county. As long as one of them occurred in your county, you should have venue. See State v. Weaver, 982 S.W.2d 892 (Tex. Crim. App. 1998)

Typically, you should contact the other county and seek the agreement of that county to consolidate the cases into your county.
January 06, 2011, 16:39
JDM
Thanks, John.