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Family violence can impact your Texas family law case more deeply than many people realize. Allegations of abuse—whether proven or pending—can influence everything from child custody and visitation rights to property division and spousal support. Texas courts prioritize the safety and well-being of children, often weighing past behavior heavily when determining parenting arrangements. Even a single accusation or protective order can significantly alter the direction of your case. Knowing how family violence is evaluated under Texas law allows you to protect your rights, respond strategically, and avoid costly missteps during an already challenging legal process.
What Is Family Violence Under Texas Law?
Texas law defines family violence as any act intended to cause physical harm, assault, sexual assault, or a threat that reasonably causes fear of such harm. The law applies when the abuse occurs between:
- Current or former spouses
- Parents of the same child
- Relatives by blood or marriage
- People who live together
- Individuals in a dating relationship
Family violence includes physical abuse, threats, emotional abuse, and even actions like preventing someone from calling for help.
What Is a Protective Order?
A protective order is a court-issued document that restricts a person from contacting, approaching, or harming someone. Judges issue protective orders in response to family violence or credible threats.
There are three main types:
Temporary Ex Parte Protective Order
This is granted without the other party present. It lasts up to 20 days and provides immediate protection when danger is urgent.
Final Protective Order
After a hearing where both sides present evidence, the court may issue a final protective order. It usually lasts up to two years but can be extended if the threat continues.
Magistrate’s Order for Emergency Protection
This type of order is usually issued after a family violence arrest. It gives short-term protection until a formal hearing can take place.
How Protective Orders Affect Child Custody
Texas courts base custody decisions on the child’s best interests. When family violence is involved, the court will consider it heavily. A parent with a history of violence may lose custody or have their visitation rights restricted.
Sole Managing Conservatorship
If the court finds a pattern of family violence, it may name the non-violent parent as the sole managing conservator. That means they make all major decisions for the child.
Supervised Visitation
In some cases, the court allows the accused parent to see the child but only under supervision. This might happen in a secure visitation facility or with a trusted third party present.
Termination of Parental Rights
Severe or repeated violence may lead to the court ending a parent’s legal rights entirely. That includes the right to see or make decisions for the child.
How It Affects Divorce Proceedings
Texas is a no-fault divorce state, but the court can still consider fault when dividing property or awarding spousal maintenance. Family violence plays a key role here.
Property Division
The court divides community property based on what it finds fair. If one spouse committed violence, the judge may award a larger share to the victim.
Spousal Maintenance
A spouse may qualify for spousal maintenance if they were married for at least 10 years and cannot support themselves. However, if the other spouse committed family violence in the two years before filing, the court may order maintenance even if the victim doesn’t meet the usual requirements.
Impact on Other Family Law Matters
Protective orders and family violence records affect more than divorce and custody. They may influence:
Visitation Agreements
Even if no criminal charges are filed, the court may deny or limit visitation if credible threats or violence occurred. Judges may set strict rules, including supervised visits or exchanges in public places.
Adoption and Parental Termination
A history of violence may block someone from adopting or from keeping their parental rights. Texas law allows for involuntary termination when the parent is dangerous or abusive.
Mediation
Courts often require mediation in family law cases. But in situations involving abuse, mediation may be waived to protect the victim from further harm or manipulation.
False Accusations and Protective Orders
False claims of family violence do happen, especially during heated divorces or custody fights. Texas courts investigate these claims and require evidence. If a judge finds the claim false, it could damage the accuser’s case.
Still, judges tend to err on the side of caution. If you are accused, take it seriously. Gather records, witness statements, and communicate only through your attorney.
What to Do If You Need Protection
If you feel unsafe, take action right away. Protective orders provide legal protection and can help prevent future harm. Here are steps you can take:
- Call the police if you’re in immediate danger.
- Go to your local courthouse and ask for a protective order.
- Bring any evidence you have—texts, emails, photos, witness names.
- Prepare for a court hearing where both sides will speak.
You can also work with a family law attorney or domestic violence advocate to make sure your paperwork is complete and your voice is heard.
What to Do If You’ve Been Accused
If someone has filed for a protective order against you, don’t ignore it. You have the right to defend yourself.
- Read the order carefully and follow every restriction.
- Don’t contact the other party, even to “clear things up.”
- Gather all communication and proof that supports your side.
- Show up for your hearing on time with a lawyer.
Violating a protective order can result in criminal charges and hurt your position in custody or divorce cases.
Courts Focus on Safety
Family court judges want to protect children and vulnerable family members. They don’t tolerate violence, threats, or harassment. They also take false accusations seriously. Whether you need protection or have been accused, the steps you take next can shape the outcome of your case.
Final Thoughts
Family violence can impact your Texas family law case in powerful and lasting ways. Protective orders and documented incidents of abuse can directly affect custody arrangements, visitation rights, spousal support, and the overall terms of divorce. Whether you’re seeking protection or facing accusations, taking immediate action is crucial. Texas courts closely examine evidence, behavioral patterns, and the credibility of everyone involved. Don’t wait—speak with an experienced family law attorney to understand your rights, safeguard your well-being, and avoid costly legal errors. These cases move quickly, and your early decisions can shape the outcome for years to come.
Talk to a Family Law Attorney Today
If you’re facing family violence or have questions about protective orders in Texas, we can help. Our team works with clients dealing with sensitive situations involving custody, divorce, and personal safety. Call us today to schedule a private consultation.
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