Family violence happens when someone uses abusive or controlling behavior to harm another member of the family. It can be complicated and deeply personal. While violence takes different forms in every family it touches, one thing remains constant: Domestic violence can have a significant impact on the outcome of a divorce. Here are some things to consider.
Family Violence and the Divorce Process
The divorce process is often different for people who face violence in their family relationships. Victims of domestic violence also have legal tools they can use for protection. One option is to petition the court for a protective order (sometimes called a restraining order). When a protective order is in place, it can affect many different things–from where a spouse lives during the divorce process to how often he or she sees the children.
Options for resolution are different, too. For example, mediation is often used as a tool for couples to come to an agreement on the issues in their divorces. However, professionals do not recommend medication for couples when domestic violence is a factor. The reason? Judges and lawyers worry that one spouse will have too much leverage in negotiations, and the outcome won’t be fair.
Domestic violence can also speed up a divorce. The Texas Family Code says that couples must wait at least 60 days after filing a divorce petition for a divorce to be final. But this requirement can be waived in cases involving domestic violence.
Family Violence and Child Custody
Judges consider the “best interests of the child” when making child custody decisions. If one parent has a history of domestic violence, the judge will consider that as part of the best interests’ evaluation. Texas law says that parents who physically or sexually abused their children during the previous two years cannot have custody. Even if the kids were never harmed, domestic violence affects things like the ability of parents to make major parenting decisions together, as well as child custody drop-offs.
Family Violence and Property Division
Texas is a community property state. Generally, couples split the things they acquired during the marriage 50/50. However, there are some exceptions, including family violence. Domestic violence can be a reason for courts to decide on the unequal division of assets.
Fighting False Allegations of Violence
Our firm has handled several cases where on spouse made false allegations of family abuse in order to influence a pending divorce or child custody case. This is a serious injustice, and we won’t let our clients be falsely accused. We believe in fighting allegations aggressively and protecting our clients’ rights.
Choose an Attorney With Family Violence Experience
When you are choosing your divorce lawyer, pick one who has experience in domestic violence and divorce. Your lawyer will be experienced in advocating for your rights during the divorce process so that they are protected. You can get started by calling the Arlington office of the Schneider Law Firm, P.C., at 817-799-7125.