How Can Domestic Violence Charges in Texas Affect a Child Custody Case?

On Behalf of Kevin E. Sralla | October 15, 2024 | Blog

Domestic violence is an alarming issue that affects countless families in the United States, including Texas. According to the Texas Council on Family Violence, 205 Texans were killed by their intimate partners in 2023. Domestic violence charges in Texas have serious repercussions, especially in child custody cases.

As the Domestic Violence Awareness Month, October provides the perfect opportunity to shed light on these issues and highlight the support available for families dealing with domestic violence.

Are you navigating a custody battle involving domestic violence? At Sralla Family Law PLLC, we want to empower our clients with knowledge while providing experienced family law representation through challenging legal situations. Our San Antonio domestic violence lawyer knows the profound emotional impact domestic violence can have on families.

As a dedicated family law firm, we are committed to ensuring the safety and well-being of you and your children. With the strength of a giant and the heart of a neighbor, we are your allies in helping you overcome adversity with unwavering support and care.

How Does Texas Law Define Domestic Violence?

In Texas, domestic violence is broadly defined under the Texas Family Code. It includes any act intended to cause physical harm, bodily injury, assault, or sexual assault against a family or household member. This definition also extends to threats of harm, emotional abuse, or any act that puts a family member in fear of imminent harm.

Types of Abuse

Domestic violence and abuse can manifest in various forms, each with severe implications for the victims.

• Physical abuse – involves any intentional act that causes physical harm, injury, or pain to a spouse, partner, child, or other household member. This type of abuse is often the most visible and can lead to serious bodily injury.
• Emotional abuse – this type of abuse is less visible but equally damaging. It includes behaviors that cause emotional harm or distress, such as name-calling, threats, or intimidation. This form of abuse can erode a person’s self-esteem and mental health over time.
• Sexual abuse – this encompasses any non-consensual sexual contact or behavior that can be particularly traumatic within a domestic setting.
• Financial abuse – this involves controlling or exploiting a person’s financial resources, making them financially dependent, and limiting their ability to leave the abusive relationship.
• Psychological abuse – this includes behaviors that cause mental harm or distress, such as gaslighting or manipulation. This type of abuse can make the victim doubt their reality and feel trapped in the relationship.

Texas law takes these offenses seriously, and the courts consider the nature, frequency, and severity of the violence when deciding on child custody matters.

If you or someone you know is experiencing domestic violence or abuse, seeking help from a trusted source is crucial. A San Antonio domestic violence lawyer can provide the necessary legal support and resources to protect you and your loved ones.

How Domestic Violence Affects Child Custody in Texas

In Texas, the courts prioritize the best interests of the child when deciding custody matters. Because of this standard, domestic violence charges can severely affect your custody case. When a parent is accused of domestic violence, the safety of the child is the top concern. A judge will assess whether the child’s well-being could be compromised by remaining in the custody of the accused parent. This assessment can lead to a number of outcomes.

Supervised Visitation

In some cases, the court may order supervised visitation rather than fully removing custody. This arrangement allows the accused parent to maintain a relationship with the child while protecting the child’s safety. Such arrangements can be temporary or long-term, depending on the severity of the charges and the court’s evaluation.

Order Counseling or Treatment

Courts may require a parent accused of domestic violence to undergo counseling, anger management, or attend domestic violence prevention programs before any future custody or visitation rights are reconsidered.

Impact on Joint Custody

Texas law generally encourages joint custody arrangements, allowing both parents to make important decisions about their child’s upbringing. However, when domestic violence charges exist, courts may limit the decision-making power of the accused parent, preventing them from having an equal say in the child’s education, healthcare, and other important areas of life.

Loss of Custody Rights

If you are convicted of domestic violence, you may lose parental rights or have your visitation rights significantly restricted. Texas courts typically prefer both parents to be involved in a child’s life, but the presence of violence can override this preference — particularly if the violence occurred in front of the child or if the child was directly involved.

Protecting the Victim and the Children

If you are a victim of domestic violence, your priority should be ensuring the safety of your children. Texas has protections in place for victims, including restraining orders and temporary custody orders.

These legal measures are designed to keep the accused parent away from you and your child during and after a custody case. Your custody attorney  can help you apply for protective orders that not only ensure your immediate safety but also influence the outcome of your custody case.

Moreover, the court can use evidence of domestic violence to justify awarding sole custody to the abused parent. In these instances, the court’s primary goal is to protect the child from any potential emotional or physical harm. This could also lead to the accused parent losing any say in key decisions regarding the child’s welfare, such as medical care, schooling, and religious upbringing.

The Crucial Role of an Experienced Family Law Attorney in San Antonio, Texas

Family law attorneys play a pivotal role in guiding individuals through the complexities of family law cases, including child custody, divorce, and domestic violence. An experienced local San Antonio family law attorney can offer invaluable support and representation throughout the legal process.

These attorneys provide comprehensive guidance on your legal rights and the steps involved in your case. They represent you in court, advocating on your behalf to ensure you and your child’s best interests are protected. Family law attorneys offer legal representation, support, and resources to help you through this difficult time. They can assist you in applying for a protective order for your safety and that of your children.

When seeking a family law attorney in San Antonio, Texas, it’s essential to choose someone with experience handling cases similar to yours and a reputation for providing compassionate and effective representation.

Raising Awareness During Domestic Violence Awareness Month

As we observe Domestic Violence Awareness Month this October, it’s crucial to recognize the resources available for those affected by domestic violence.

If you or someone you know is a victim of spousal abuse, always remember that you are not alone. Contact the National Domestic Violence Hotline at 1-800-799-SAFE (7233) for immediate assistance.

Here are a few additional resources that can provide support, guidance, and safety for those affected by domestic violence:

• San Antonio Police Department Family Violence Unit
  For immediate assistance, dial 911 or call the non-emergency line at (210) 207-7273.
• Speak with a Crisis Intervention Specialist
  Call Family Violence Prevention Services anytime at (210) 733-8810 if you need someone to talk to. A crisis intervention specialist is available to provide immediate support.
• Create a Safe Plan to Leave an Abusive Relationship
  You can contact the San Antonio Police Department’s (SAPD) non-emergency number at (210) 207-7273. Their Crisis Response Teams are available to help you create a safety plan.
• Get Notified About an Offender’s Release
  Sign up for VINE, a free, secure, and confidential service that provides updates on custody status and criminal case information.
• Emergency Housing Assistance
  Family Violence Prevention Services (FVPS) offers shelter for both residential and non-residential clients, transitional housing, and additional support services. For more information, call (210) 733-8810.

Sralla Family Law, PLLC: Overcoming Adversity With Strength, Passion, and Guidance

Have you been searching for a “custody attorney near me?” Our compassionate team of San Antonio domestic violence lawyers is dedicated to fighting for the safety and well-being of children and pursuing a fair legal process for parents. We understand that domestic violence doesn’t just affect you—it affects your entire family’s future and well-being.

Recognizing the importance of family, we work tirelessly to create solutions that meet your needs. Contact us today at (210) 212-5656 or fill out our secure online form to schedule a free initial consultation. 

At Sralla Family Law, PLLC, we blend the might of large firm services with warmth and care.

Copyright © 2024. Sralla Family Law PLLC. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Sralla Family Law PLLC
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San Antonio, Texas 78210
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