The issue of family violence is taken very seriously the Texas family court and certainly by family law attorneys in Texas who help their clients.

When divorce is the focus, a history of family violence can play a major part in the final court decision on that divorce, child custody, and more.

It can also make any divorce case more complex as lawyers who help their clients with a divorce must establish a history of family violence and then present it to the court as evidence to be considered in the finalization of all divorce and custody decisions.

Domestic violence that occurred in the relationship can have significant effects on the final outcome of that divorce.

How Can Family Violence Affect A Divorce?

Whether it is spouse against spouse or parent against child, violence within the family unit is something that family law attorneys look at very seriously as these allegations can significantly affect the results of a divorce.

When the family court is must decide on divorce proceedings, a history of family violence can affect who gets what in the settlement and how child custody is finalized:

  • Property Division - Even though Texas is a community property state, the family court may weigh against an abuser and award more of the marital property to the spouse who is the victim.

  • Child Custody - The family court decides on conservatorship and visitation rights according to what it deems to be in the best interest of the child; an abusive parent is less likely to gain even partial custody and may even have visitation rights limited.

False Allegations of Family Violence

Because issues of family violence can significantly affect child custody and the division of marital property, false allegations are unfortunately not that unusual.

Divorce lawyers see this tactic used as one spouse may attempt to gain leverage against another to sway the outcome of the divorce in their direction.

What spouses must realize is that doing so can work against and not for them.

A spouse found making serious false allegations of violence could find the court weighing in favor of the other spouse instead.&

Determining A History of Family Violence

When allegations of family violence are made in a divorce situation, family law attorneys must investigate and substantiate those allegations to present that evidence in family court.

There is a very specific definition of what family violence is, which lawyers will define to their clients and help them decide whether they actually want to proceed with such allegations.

While it’s important that spouses come forward if they believe they or their children have been a victim of some kind of domestic violence, lawyers can help clarify whether these incidents qualify as domestic abuse that should be considered during the divorce case.

Family Violence - A Tricky Issue In Divorce

Divorces that include allegations of family violence require careful handling to ensure the family court is presented with accurate evidence of such allegations.

Abusive spouses or parents will likely see the courts weighing against them in favor of the other spouse in both property division and child custody, yet attempts to sway the court with false or exaggerated allegations of family violence can have a negative effect the other way.

If there is any question about violence in the family, spouses should discuss it in depth with their family law attorney to determine if their is sufficient evidence to present in family court.

Garza & Elizondo, LLP

Downtown Brownsville
Principal Office
680 East St. Charles St, Suite 600
Brownsville TX 78520
(956) 202-0067

San Benito
Meetings With Attorneys By Appointment Only
2395 La Palma Street, Suite A
San Benito TX 78586
(956) 202-0067