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Family violence affects divorce proceedings in Texas more deeply than many realize. It goes beyond simply ending a marriage—abuse complicates issues like child custody, property division, spousal support, and personal safety. When family violence is involved, Texas courts take these matters seriously and apply specific legal protections to safeguard victims. Judges weigh the impact of abuse when determining who gets primary custody, how assets are divided, and whether protective orders are needed. Understanding how family violence affects divorce proceedings empowers victims to make informed decisions, protect their children, and pursue a fair and secure resolution under the law.
Family violence is a serious issue affecting many households. Texas law considers domestic and family violence as interchangeable terms, both referring to the harm suffered by adults or children in a family or domestic relationship. This violence often occurs in the family home and can involve spouses, children, grandparents, and other relatives. Dating partners, whether past or present, can also experience family violence.
What Constitutes Family Violence?
Family violence is not limited to physical abuse. It can include:
- Threats
- Stalking
- Sexual abuse
- Physical abuse
- Drug use in the home
Texas law prioritizes child safety. If violence occurs in the home, or if children are at risk, immediate action is necessary. Local violence prevention hotlines and the National Domestic Violence Hotline provide support for those in danger.
Divorce Can Escalate Family Violence
Many individuals in abusive relationships worry that filing for divorce will make the situation worse. Abuse often stems from control, and removing that control can trigger more aggressive behavior. Moving out, taking children to safety, and filing for divorce can cause an abusive spouse to react unpredictably.
Preparation is essential. Those leaving abusive relationships should develop a plan to protect themselves and their children.
How Family Violence Affects Divorce Proceedings in Texas
Texas law enforces a 60-day waiting period for divorce cases. However, this period can be waived for victims of family violence, allowing for a quicker resolution.
A temporary restraining order (TRO) can provide immediate protection. Victims should speak with a family law attorney about obtaining a restraining order. A TRO can prohibit an abusive spouse from:
- Coming near the victim or their children
- Visiting the victim’s workplace
- Approaching the child’s school
This order remains in effect for up to 28 days until mediation or a temporary order hearing takes place.
Impact of Family Violence on Child Custody
Custody decisions in Texas focus on the child’s best interests. Courts determine where the child will primarily live, which parent has more visitation time, and who pays child support.
If a parent has a history of family violence, gaining primary conservatorship becomes difficult. Courts consider:
- A parent’s ability to provide a safe environment
- Past incidents of violence or threats
- A child’s need for stability and emotional well-being
Parental Rights and Decision-Making
The parent awarded primary conservatorship makes crucial decisions regarding:
- Medical care
- Education
- Religious upbringing
A history of family violence raises concerns about a parent’s ability to make responsible choices for their child. Courts consider whether a parent can regulate emotions, make rational decisions, and provide a safe home.
Supervised Visitation for Abusive Parents
Most parents receive some level of visitation after a divorce. However, in family violence cases, courts may require supervised visitation. This can involve:
- A family member monitoring visits
- A designated visitation facility ensuring the child’s safety
In some cases, supervised visits may transition to unsupervised visits after meeting specific conditions. The timeline depends on the child’s needs and the parent’s past behavior.
How Family Violence Affects Property Division
Texas follows community property laws, meaning assets acquired during the marriage are typically split equally. However, family violence can influence property division. Judges may award a larger share of the marital estate to the victim if violence played a role in the marriage’s breakdown.
Spousal Maintenance and Family Violence
Spousal maintenance, or financial support after divorce, is usually granted when a spouse cannot meet basic needs. However, victims of family violence do not have to meet this standard. If an abuser was convicted of family violence within two years of the divorce filing, the victim may automatically qualify for spousal maintenance.
Courts consider:
- The severity of the abuse
- The financial impact on the victim
- The need for financial assistance to establish independence
Protective Orders in Texas
Victims of family violence can seek a protective order, which provides more protection than a temporary restraining order. Protective orders can:
- Require the abuser to move out of the home
- Prohibit contact with the victim and children
- Restrict firearm possession
- Set terms for child visitation
Unlike restraining orders, violating a protective order is a criminal offense. Law enforcement can immediately intervene if an abuser disobeys a court order.
Can You Get a Protective Order Without Physical Abuse?
Threats alone can justify a protective order. If a judge determines that future violence is likely, they can grant protection even if no physical harm has occurred.
Texas law defines family violence as:
- Any act causing physical harm, bodily injury, or assault
- Threats that make a person fear immediate harm
Even if the abuse happened long ago and was never reported to the police, it can still be used as evidence. However, judges may weigh older incidents differently based on available proof.
Emotional Abuse and Temporary Restraining Orders
Emotional abuse can justify a temporary restraining order (TRO) if a judge finds that the victim faces immediate and irreparable harm. TROs last for 14 days but can be extended while awaiting a hearing.
Differences Between Protective Orders and Restraining Orders
While both offer legal protection, there are key differences:
- Restraining orders prevent financial actions (like draining bank accounts) and inappropriate behavior during divorce but are not enforceable by police.
- Protective orders focus on preventing abuse, harassment, or threats. Violations result in criminal penalties.
How to Stay Safe If You Are Experiencing Family Violence
Leaving an abusive situation is difficult, but safety should always come first. Consider taking these steps:
- Talk to someone – A trusted friend, family member, or therapist can provide emotional support.
- Make a safety plan – Keep essential items like clothing, documents, and cash accessible in case of an emergency.
- Have an escape route – Identify a safe place where you and your children can go if needed.
- Inform trusted people – Let close friends or family know about the situation.
- Contact a family law attorney – Legal guidance can help you protect your rights and secure necessary court orders.
How Family Violence Impacts Texas Divorce Proceedings
In conclusion, family violence affects divorce proceedings in significant and far-reaching ways, influencing decisions about custody, property, and personal safety. Texas courts prioritize the well-being of victims and children, often granting protective orders, modifying custody arrangements, and adjusting asset distribution to reflect the impact of abuse. Recognizing how family violence affects divorce proceedings allows individuals to take the necessary legal steps to protect themselves and achieve a just outcome during one of the most difficult times in their lives.
Legal Support for Family Violence Cases in Texas
Family violence impacts every aspect of a divorce, from custody to financial matters. Having a knowledgeable attorney can make a difference in securing protection, obtaining fair custody arrangements, and ensuring financial stability.
If you have questions about family violence and divorce in Texas, the Law Office of Bryan Fagan offers consultations to discuss your situation. Meetings are available in person, by phone, or via video. An attorney can help you understand Texas family law and what steps to take next.
Other Related Articles:
- What Does Family Violence Mean in Conjunction With Family Law Cases in Texas
- Family Violence: Protect Yourself and Your Rights in a Texas Divorce
- How Common is Family Violence in Texas?
- Mental impairments, family violence and how these problems affect child custody cases
- Family Violence and Family Law in Texas
- How Long Do Domestic Violence Protective Orders Last?
- Domestic Violence: Your Safety Plan
- What Are Family Violence Orders? A Concise Explanation
- Startling Domestic Violence: Woman Hits Man Car
- Signs, Safety Plans & Help: Combatting Domestic Violence in Texas
