What Does Family Violence Mean in Conjunction With Family Law Cases in Texas

Family violence commonly refers to a pattern of sustained abuse by a perpetrator against a victim with whom the perpetrator shares a familiar dating or marital relationship. Perpetrators typically use violence to control the victim, repeating the behavior upon achieving desired results. A judge must consider both the visible and less obvious effects of the violence when evaluating your case.

Now that we know what family violence is- what does family violence not mean?

Family violence does not describe the physical force you have utilized to provide for your or your children’s defense. Likewise, if you have disciplined a child using reasonable force or returned the prior aggression of a spouse or partner with force, then you still have not engaged in family violence.

Often, an alleged perpetrator of family violence will state that they were merely “returning the favor” against a prior incident of family violence that you started. When a court must combat mutual allegations of abuse, your court has to figure out whether you or your spouse were acting in self-defense or if one of you has a history of unprovoked violent behavior towards the other person. I have often seen people try and justify their past acts of family violence as a normal response to aggression based on cultural or family norms. A court will not accept this explanation.

When acts of family violence occur, the community at large suffers

It is bad enough if you have been the victim of family violence, but when your spouse or partner abuses you physically, then your community suffers as well. This is because family violence is a societal problem and does not just affect you and your immediate family. Law enforcement, emergency medical personnel, legal professionals, and social workers actively engage in incidents of family violence.

Consider the strain your partner or spouse imposes on you due to lost work hours if your injuries require time off from work. Medical treatment, subsequent doctor visits, and time away from your work are all consequences that also affect other people you live and share a community with.

Family violence is premeditated- it is not an unintentional reaction

Many men and women who commit acts of family violence attempt to rationalize their evil acts by arguing that they are not the wrong people. Their argument says that their reaction was a split-second one that, while regrettable, does not reflect upon their true character.

I argue that family violence is a learned and repeated behavior because, as mentioned at the beginning of this blog post, the perpetrator learns that the behavior yields positive results for them. The result is your compliance or any other victim in doing what the perpetrator wants.

Do not take this to heart if a perpetrator tells you of family violence that the violence is only occurring because of how you treat them. Family violence is not usually a reaction but a purposeful behavior instigated by the perpetrator. Your reaction to that bad behavior does not justify additional acts of violence- whatever your reaction may be.

Family violence involves elements of both criminal and civil law

As observed at the beginning of this blog post, the definition of family violence can extend to include any behavior exerted over a family member to control their actions. Physical abuse or control typically falls under criminal categorization, while emotional abuse or control, although not criminal, is still recognized as harmful.

I have seen time and time again a person is physically violent with a victim, only to come back at them with noncriminal abuse that will weaken their self-esteem and lessen their ability to provide a defense to their acts of violence. It is essential that if you apply for a protective order in conjunction with a divorce or child custody case, your attorney make the judge aware of the effect that each type of abuse has had on you- both mentally and physically. Just because you have not been the victim of physical abuse in recent months does not mean that you will not be in the future. Usually, this implies that the perpetrator achieves their desired results through words alone, rather than physical actions.

The bond between you and the defendant may play a significant role in your case

The strength of the bond between you and the defendant can impact your case in various ways. For example, rely on your abuser for financial assistance. You may not be as likely or as willing to cut all ties with them for free of losing the economic resources that allow you to sustain yourself and your children.

Compare this to a situation where your abuser is not related or known to you. If a stranger were to have done the same things to you as your family member, consider how different your reaction would be to it. Would you be more aggressive in your pursuit of justice? How much quicker would you have reacted to the incident by contacting law enforcement? Before you can understand how to protect yourself, it is worth considering the nature of your relationship with the abuser. If you know that you will have trouble confronting them, even indirectly, you ought to rely on your support system to help you.

Settling on assistance that does not involve the legal system

Some people in your position will compromise with themselves and seek nonlegal remedies to their problems involving family violence. You may have attempted to resolve the issue temporarily by personally negotiating with your spouse or partner or physically leaving the residence you share with them. Counseling through your church or other organization can yield sustainable results in some circumstances but are temporary fixes in others. Contacting the police or other law enforcement may prevent individual instances of violence but would not be advisable if you are attempting to stop the abuse altogether.

The problem that people run into when attempting to glue together this hodge-podge of remedies is that none of them can work one hundred percent of the time. Game plans are often discarded in favor of alternatives that seem more likely to produce positive outcomes. A judge should take into account that your primary concern is your safety and survival. Therefore, any choices you’ve made to protect yourself likely haven’t been made with a specific strategy in mind, but rather for day-to-day survival.

Summarizing family violence from the perspective of the victim

Family violence is a pattern of intentionally abusive behavior that the perpetrator/defendant uses to control your behavior as a victim. Physical force is often utilized in tandem with psychological abuse to create the desired effect for an abuser. Ultimately there are many factors at play when assisting the victims of family violence.

Questions about family violence? Contact the Law Office of Bryan Fagan, PLLC

If you have any questions about the subject matter that we have discussed today, please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. We can set you up with a free-of-charge consultation in our office with one of our licensed family law attorneys. These consultations are comfortable and pressure-free, where we can address your concerns and help you gain more insight and information into your particular circumstances.

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Bryan Joseph Fagan( Attorney )

Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.

Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.

His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.

Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.