If you have committed an act of family violence then the consequences of your actions go well beyond being placed under arrest. For instance, if you are in the midst of a divorce case then it is likely that your spouse will have applied for and been awarded a protective order limiting your access to your home, your spouse and most importantly your children.
A permanent protective order can go into place that lasts for an extended period of time and can turn your life into an absolute mess.
Today’s blog post from the Law Office of Bryan Fagan, PLLC will discuss these matters in greater detail including what the immediate and long lasting effects can be of committing an act of violence against a family member are. Beyond the regret and emotional suffering that you are likely to go through, there are legal and societal consequences that you need to be aware of as well.
Restricted use and possession of firearms
The Law Office of Bryan Fagan, PLLC is located in north Harris County, adjacent to large suburbs such as Spring, The Woodlands, Tomball, and Cypress just to name a few. These areas are home to some of the highest number of persons with a license to carry a concealed weapon in our state. That’s not to say that this is a good or a bad thing. I mention it only to give some context to this section of our blog.
As a result of having been found guilty of having committed an act of family violence, you may also face potential charges relating to your ability to possess a firearm. The rationale is for this is pretty obvious and is one to consider before harming a member of your family with physical violence.
Restrictions related to the custody of your children
The ability to be with your children can be put in jeopardy if you are convicted of having committed an act of family violence. There is in Texas a presumption that it is in the best interests of a child to have continuous and active involvement with both of their parents.
Joint Managing Conservatorship, a set-up wherein both you and your spouse share nearly equally in the rights and duties related to raising your children, is what is typically ordered either by agreement or rendered verdict in a Texas divorce. However, that presumption can be rebutted in the event that you have committed an act of family violence.
A court would consider whether you used physical force intentionally against your spouse, your child within two years of your divorce lawsuit having been filed. Physical abuse means sexual abuse as well. This is a far-reaching and extremely damaging aspect of your having committed family violence either in the two years prior to a divorce or while the divorce itself is occurring.
Getting Deported as a result of having committed family violence.
If you are living in this country illegally and you commit an act of family violence, you can be arrested for having done so and risk the possibility of deportation. At the very least, you can never be granted status as a legal alien in the United States if you have been found guilty of having committed an act of family violence.
On the other hand, if you are in the United State illegally and have become a victim of family violence then you may apply for legal status if your sponsor was the person who committed the act of family violence against you.
Protective Orders and Family Violence
Getting a protective order granted by a judge that goes against you is a huge impediment to achieving any of the goals that you had previously set out for yourself in your divorcecase. A protective order that lasts anywhere from one to two months is known as an emergency protective order.
It can be issued against you without a formal hearing after you had been arrested for committing an act of family violence. It is from this order that your ability to possess a firearm can be restricted.
A Protective Order as laid out in the Texas Family Code can be filed against you during a divorce case. A temporary protective order can be issued without a formal hearing on the subject in the event that your spouse shows a judge that there is an immediate need for a protective order based on their description of the circumstances at play.
Should the judge determine that there is an immediate threat of harm apparent in your situation, to either your spouse or your children, then the order will be issued.
At that point, there will be a hearing in which you will be able to state defenses as to why a protective order should not be granted on a permanent basis. This “permanent” protective order can last for up to two years from the date of the hearing.
You would risk having a protective order granted against you in the event that the judge finds an act of family violence has occurred and is likely to occur again in the future.
Questions about divorce, child custody and protective orders? Contact the Law Office of Bryan Fagan, PLLC today
If you have been the victim of an act of family violence and need to seek a protective order please take steps to protect yourself and your children. Once you have done so consider speaking to an attorney with a strong desire to protect their clients and advocate for their rights.
The attorneys with the Law Office of Bryan Fagan, PLLC are those type of attorneys. We represent clients from all different backgrounds across southeast Texas and would be honored to do the same for you and your family. We offer free of charge consultations six days a week where your questions can be answered by one of our licensed family lawattorneys. Contact us today to learn more about how we can serve you.
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Other Articles you may be interested in:
- Texas Emergency Custody Order Guide
- Texas Family Law Courts: Protective Orders and Name Changes
- Protective Orders in Texas Family Law Cases
- The Complete Beginner's Guide to Texas Protective Orders
- Divorcing from an Abusive Spouse in Texas: What you Need to Know
- 5 Things You Need to Know About Family Violence in Texas
- How Can I Prove to a Texas Divorce Court I am Sober?
- Common Law Marriage and Texas Divorce Guide
- I Want a Texas Divorce but My Husband Doesn't: What can I do?
- Am I Married? - Marital Status in Texas
- Can I sue my spouse's mistress in Texas?
- When is, Cheating Considered Adultery in a Texas Divorce?
- 6 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 important 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 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.