The Impact of Family Violence on Divorce and Custody

The Law Office of Bryan Fagan, PLLC, understands the profound impact of family violence on various aspects of life, especially during divorce proceedings. Committing an act of family violence extends its repercussions far beyond immediate legal consequences. It can deeply affect your familial relationships, particularly in matters of divorce and child custody.

Family violence is not just a personal crisis; it brings with it a slew of legal and societal consequences. Beyond the immediate emotional and psychological effects, individuals found guilty of family violence face significant legal repercussions that can last a lifetime. Our blog aims to explore these aspects, offering a comprehensive understanding of the implications.

Firearms Ownership Restrictions

In areas like north Harris County, including suburbs like Spring, The Woodlands, Tomball, and Cypress, the prevalence of licensed firearm owners is notable. However, a conviction of family violence can lead to severe restrictions on your right to own or possess firearms. The rationale behind this legal consequence is straightforward and serves as a deterrent against domestic violence.

Child Custody Challenges

In Texas, the presumption is that a child benefits most from the active involvement of both parents. However, this presumption can be challenged if one parent is convicted of family violence. The court examines instances of intentional physical abuse, including sexual abuse, against a spouse or child. Such convictions can significantly alter the usual preference for Joint Managing Conservatorship in divorce proceedings.

Deportation Risks for Non-Citizens

Non-citizens residing in the United States face severe immigration consequences if convicted of family violence. This can include deportation or ineligibility for legal residency. Conversely, non-citizens who are victims of family violence may seek legal status if their abuser was their sponsor.

Protective Orders: A Barrier in Divorce Proceedings

The issuance of a protective order can drastically affect the dynamics of a divorce case. An emergency protective order, lasting one to two months, can be issued without a formal hearing following an arrest for family violence. These orders can impose immediate restrictions, such as limiting firearm possession.

Navigating Protective Orders in Divorce

During a divorce, a temporary protective order may be issued based on a spouse’s testimony about immediate threats. If a judge perceives an immediate danger, the order will be granted, leading to a formal hearing where you can defend against the issuance of a permanent protective order. This order can last up to two years and significantly impact your access to your children and spouse.

If you are facing the repercussions of family violence, whether as a victim seeking protection or as an individual navigating the complexities of divorce and custody, legal guidance is crucial. At the Law Office of Bryan Fagan, PLLC, we offer expertise and compassionate advocacy to our clients across southeast Texas. Our team is ready to provide free consultations to answer your questions and guide you through these challenging times. Contact us to learn how we can assist you in protecting your rights and securing a safer future.


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  1. Texas Emergency Custody Order Guide
  2. Texas Family Law Courts: Protective Orders and Name Changes
  3. Protective Orders in Texas Family Law Cases
  4. The Complete Beginner’s Guide to Texas Protective Orders
  5. Divorcing from an Abusive Spouse in Texas: What you Need to Know
  6. 5 Things You Need to Know About Family Violence in Texas
  7. How Can I Prove to a Texas Divorce Court I am Sober?
  8. Common-Law Marriage and Texas Divorce Guide
  9. I Want a Texas Divorce, but My Husband Doesn’t: What can I do?
  10. Am I Married? – Marital Status in Texas
  11. Can I sue my spouse’s mistress in Texas?
  12. When is Cheating Considered Adultery in a Texas Divorce?
  13. Six things You Need to Know Before You File for Divorce in Texas

Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers

The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding divorce, it’s essential to speak with one of our Houston, TX, Divorce Lawyers right away to protect your rights.

Our divorce lawyers in Houston, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC, handles Divorce cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County.


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