heated, but they rarely reach the point where one of the parties commits a crime. But in some unfortunate cases, domestic disputes can lead to family violence. Family violence, as it’s called in Texas, is a serious crime. However, some people can weaponize the law, meant to protect innocent victims, in contentious family law cases.
Child custody battles and contested divorces sadly bring out the worst in some people. In some cases, making up domestic violence allegations against a spouse, intimate partner, or another family member is normal when people are desperate and feel trapped. This has far-reaching and life-threatening consequences for the real victims of family violence.
Domestic Violence Accusations Can Negatively Impact Child Custody and Divorce Cases
False domestic abuse and violence accusations can destroy the lives of the falsely accused and their families. Spiteful family members, partners, or spouses wrongfully accuse another of domestic violence to get custody of a child or property or deliberately rile up the accused. Here’s how domestic violence can affect family law issues:
- Emergency Protection – Abused individuals can obtain a family violence protective order or other emergency protection against their abuser. This order can help keep the abused and their kids safe by ordering the abuser not to contact them or the kids and to stay away from the family home.
- Waiting Periods – Absent allegations of domestic violence, the standard divorce waiting period is 60 days.
- Community Property Division – The court splits community property between two parties based on a right and fair division. Judges utilize various factors, including the reason for the divorce and, if applicable, a felony conviction or violence against the party.
- Child Custody and Access – Domestic violence can significantly affect custody decisions since it directly impacts what judges need to determine, which is what is in the best interest of the child. When making custody decisions, they must consider any kind of abuse or violence by one parent or party against any child, the child’s parent, or the party’s partner or spouse. A judge will not designate joint managing conservatorship (shared custody) if a history or pattern of child neglect, sexual abuse, or physical violence can be shown by credible evidence. The judge will give the other parent sole conservatorship of the child if family violence can be proven.
It is also important to note that a judge can also order supervised access or visitation with a child or, in extreme cases, terminate an abusive parent’s parental rights if it can be proven the parent seriously or habitually injures or sexually violates a child.
Seek Legal Guidance From an Experienced Texas Family Lawyer Now
Whether you are experiencing domestic violence and need protection from your abuser or have been falsely accused or charged with domestic violence, the Texas family lawyer at Hoelscher Gebbia Cepeda PLLC is prepared to help. Please schedule your case review to learn the best options for your case with our Texas family lawyer by sending us an online message or calling our office at 210-222-9132.