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

Family violence in Texas typically involves a consistent pattern of abuse inflicted by one individual upon a victim with whom they share a familial, dating, or marital bond. Perpetrators often resort to violence as a means of exerting control over the victim. This perpetuates the cycle to achieve their desired outcomes. When assessing your case, a judge must take into account not only the visible manifestations but also the less apparent impacts of the violence.

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. However, 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 lost work hours due to injuries from partner/spouse strain. 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.

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.

Conclusion

The scourge of family violence in Texas demands vigilant attention and decisive action. By recognizing the pervasive patterns of abuse within familial, dating, and marital relationships, we can work towards creating safer environments for all individuals. It is imperative for authorities and communities alike to address not only the visible manifestations but also the underlying dynamics of control and coercion. Through collective efforts to raise awareness, provide support, and implement preventive measures, we can strive towards breaking the cycle of family violence and fostering healthier relationships across the state.

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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