The law isn’t always clear-cut. There are many situations where legal issues overlap, and different perspectives are useful to achieve the best possible outcome.
For example, at the Schneider Law Firm, we often handle complex cases when a family law matter results in a criminal charge or a criminal charge impacts a divorce or custody case. Here’s how family law and criminal law commonly sometimes overlap in domestic violence cases.
In Texas, assault with family violence (also called domestic assault) is a crime. It can be anything from one family member attacking another to a family member making threats of violence.
Depending on the situation, the accused may face a range of criminal consequences. The abuser may face fines, jail time, and even up to 10 years in a Texas penitentiary. They may face other consequences as well, especially when it comes to divorce or child custody matters.
Domestic violence allegations can have a significant impact on the outcome of a divorce or child custody case. In situations where serious physical or mental abuse has occurred, the court may significantly limit the abuser’s time with the children or deny it altogether.
In fact, Texas courts are prohibited by law from granting joint custody (called conservatorship) if there has been family violence by one parent toward the other parent or toward the child.
Because the implications are so significant, courts are on the lookout for false allegations of abuse made to gain leverage in a divorce or child custody matter. It’s not uncommon for one parent to make false allegations of abuse to deny the other parent-child custody.
However, false allegations can backfire and lead to serious consequences for the accuser. In Texas and some other states, filing a false report is a crime. False allegations can even lead to the accusing parent losing custody of the children.
The dedicated attorneys at the Schneider Law Firm, P.C. can give you personalized advice about how family violence might affect your rights under Texas criminal and family law. Our Fort Worth law firm represents clients in a wide range of matters related to family and criminal law. Call 817-755-1852 or send us a message to arrange a free and confidential consultation with one of our lawyers.