Domestic violence is a pervasive issue that can have a profound impact on family law cases in Texas. In family law, the welfare and safety of the family members, particularly children, are paramount concerns. Understanding the ramifications of domestic violence in such cases is crucial for both attorneys and individuals involved. This week we will discuss the implications of domestic violence on family law cases in Texas.
First and foremost, the safety and well-being of victims take precedence in family law cases involving domestic violence. If you find yourself in a situation of domestic violence, document everything. Call the police, take photos, record audio, do whatever you have to do to preserve evidence of the abuse you have suffered. Next file a protective order. Provided you have the evidence to support your claim, courts may issue temporary restraining orders or protective orders to provide immediate relief from an abusive environment. These orders can prohibit the abusive party from contacting or approaching the victim and, in more severe cases, result in the removal of the perpetrator from the family home.
Courts take domestic violence in cases with children very seriously and will not hesitate to severely limit an abusers ability to be in the children’s lives. As with a protective order, it is imperative that you have adequate evidence to show the abuse has occurred, and has occurred either to or in front of the children. If you can show the other parent has a history of domestic violence, the court may order that they be limited to supervised visitation to ensure the child’s safety.
In divorce cases that don’t involve children, domestic violence will still have an effect. If there is a finding of domestic violence in a divorce case the court can grant spousal support without the need for the marriage to have lasted 10 years. The court may also award a larger share of the marital property to the victim, especially if the abuse has limited the victim’s earning capacity. Domestic violence has far-reaching implications on family law cases in Texas. The legal system is committed to protecting victims and ensuring the safety and well-being of all family members involved. If you or someone you know is dealing with domestic violence in a family law context, it is essential to seek legal counsel to navigate the complex legal process and secure the necessary protections.