Divorce can be an emotionally and legally complicated process, but when domestic violence is involved, the challenges multiply. In Texas, courts take allegations of domestic violence very seriously, and it can significantly impact various aspects of a divorce, including child custody, property division, and the issuance of protective orders. This blog will guide you through how domestic violence affects divorce cases in Texas and what you need to know to protect yourself and your family during this difficult time.
Impact on Child Custody
When domestic violence is involved in a divorce, the safety and well-being of children are the courts’ highest priority. Texas law explicitly prohibits awarding joint managing conservatorship (joint custody) to both parents if there is a history of domestic violence. This means that, in most cases, the victim of domestic violence will be granted sole managing conservatorship, allowing them to have primary responsibility for the child’s care, decisions, and upbringing.
The law also recognizes the potential harm that exposure to domestic violence can have on children. As a result, if domestic violence is present in the home, the courts may order supervised visitation for the abusive parent or may restrict visitation altogether. This is to ensure that children are not exposed to harmful environments or situations that could affect their mental and emotional health.
If you are the victim of domestic violence, it’s important to know that you can request sole managing conservatorship. The court will examine your safety and the safety of your children, and if necessary, grant you primary custody. Conversely, if you are the accused party, you should understand that the court will take the allegations seriously, and you may face limitations in terms of visitation and custody rights.
Property Division and Domestic Violence
Texas is a community property state, which means that marital property is generally divided equally between the spouses in a divorce. However, domestic violence can impact the way property is divided. When a divorce involves domestic violence, the court may take into account the fault of one spouse when making decisions about the division of property.
Fault in a divorce refers to the actions or behavior of one spouse that contributed to the breakdown of the marriage. In cases where domestic violence has occurred, the abusive spouse’s actions can be considered as fault. If the court determines that domestic violence was a contributing factor in the divorce, it can order an unequal division of the community property. This means that the victim of domestic violence may receive a larger share of the assets, potentially up to 60%, 70%, or even more, depending on the severity of the abuse.
For example, if one spouse has been physically abusive, and the victim can prove that the abuse directly led to the dissolution of the marriage, the court may award the victim a higher portion of the marital property. This can include the family home, bank accounts, retirement savings, and other assets acquired during the marriage.
Protective Orders and Their Role in Divorce
A protective order (commonly referred to as a restraining order) is one of the most powerful tools available to protect victims of domestic violence. Unlike a standard restraining order, which can be issued for various reasons, a protective order specifically addresses domestic violence or stalking. If you are a victim of domestic violence, it’s critical to understand how a protective order can impact your divorce case.
A protective order is a court order that requires the abusive spouse to stop all forms of harassment, threats, or violence toward the victim. It can also require the abuser to vacate the family home, stay away from the victim’s place of employment, and have no contact with the victim or their children. The protective order may also include temporary custody arrangements, child support, and visitation provisions.
One important aspect of protective orders is that if the abusive spouse violates the order, it can lead to serious legal consequences. Violation of a protective order can result in criminal charges, including arrest and imprisonment. A violation of a protective order is a felony, and the abuser could face significant legal penalties. This underscores the seriousness with which the courts treat domestic violence and the protections available to victims.
What to Do if Domestic Violence is Part of Your Divorce
If you are experiencing domestic violence in your marriage and are considering divorce, your safety should be your number one priority. It’s crucial that you take immediate action to protect yourself and your children. Here are a few steps you can take:
- Seek Protection Immediately: If you are in immediate danger, call 911. If the threat is not imminent, you can apply for a protective order from the court to ensure your safety and prevent further contact from the abuser.
- Consult with a Family Law Attorney: Domestic violence cases require specialized legal help. A family law attorney with experience in domestic violence cases can help you understand your rights, protect your interests, and guide you through the divorce process. They can help you request sole custody of your children, navigate property division, and seek any other legal protections you may need.
- Document the Abuse: If you have experienced physical, emotional, or verbal abuse, make sure to document every incident. Keep a record of dates, times, and details of the abuse, including any injuries sustained. This documentation will be crucial in proving your case in court.
- Don’t Stay in a Dangerous Situation: If your life or your safety is at risk, leave the home immediately. Texas law provides legal mechanisms to protect you and your children, and your attorney can help you take the necessary steps to ensure that you are safe.
Get Help Today
Domestic violence in divorce cases is a serious issue, and it can complicate an already difficult process. If you are facing domestic violence allegations or if you are a victim seeking protection, you do not have to navigate the situation alone. At Bayley Law Firm, we are committed to helping victims of domestic violence protect their rights and ensure their safety during divorce proceedings. We have the experience and compassion needed to guide you through this challenging time and work toward a favorable outcome for you and your family.