Q: If the state picks up charges on my boyfriend for continuous family violence would us getting married before trial help
A:
Marriage does not change the elements of the offense of Assault but it makes it slightly easier for the state to prove the existence of a relationship that qualifies as Family Violence under chapter 71 of the Family Code. That relationship is necessary to get to the "2+ within 12" enhancement from multiple class A's to an F3. The prosecution will almost certainly want to call you to testify about two or more assaults within a 12-month period so the issue of proving a Dating vs. Marriage relationship is probably just academic unless you fully recanted and your boyfriend's attorney is trying to eliminate other valid reasons the state might have to call you (other than to impeach you with a prior inconsistent statement.)
Ask your boyfriend's attorney if marriage would be helpful in any other context like mitigation or changing the motivation of the prosecutor.
A: Unlikely, these type of charges are filed against boyfriends and husband alike. The fact that they are married does not impact the case.
Kiele Linroth Pace agrees with this answer
A: Get married because you want to be married, not because of any criminal case. Talk with your boyfriend's attorney about the evidence the State has, and ask about spousal immunity with respect to testifying. Good luck.
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