If you are facing family violence charges in Texas, we understand the confusion, anxiety, and overwhelming emotions that come with it. The uncertainty of how this could affect your family, particularly the custody of your children, can feel like a heavy burden. At Wilder Law Firm, we want you to know that you’re not alone. We are here to guide you through the legal process, support you during this difficult time, and help you achieve the best possible outcome for your case.
Family violence charges can have serious consequences, especially when it comes to child custody. In this page, we will explain how family violence charges impact child custody in Texas and what steps you can take to protect your rights and your relationship with your children.
What Is Family Violence in Texas?
Family violence, as defined under Texas law, refers to an act by one family member or household member that causes physical harm, bodily injury, assault, or places another family or household member in fear of imminent physical harm. This can include acts of physical violence, threats, emotional abuse, or other harmful behavior. Texas law takes family violence cases very seriously, particularly when children are involved.
If you have been charged with family violence, it is crucial to understand the potential impact these charges may have on your ability to retain custody of your children. Texas courts are focused on the safety and well-being of children, and family violence charges can significantly influence the court’s decision regarding child custody arrangements.
How Do Family Violence Charges Affect Custody Decisions in Texas?
When it comes to child custody in Texas, the primary concern is always what is in the best interest of the child. Family violence charges can heavily influence this decision, as Texas family courts are required by law to prioritize the safety and welfare of children in custody cases. If you have been accused of family violence, it is important to understand how this can affect your ability to gain or maintain custody of your children.
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If the court determines that you have engaged in family violence, it can lead to a number of potential consequences. The court may restrict your visitation rights or order supervised visitation to ensure your child’s safety. This means you may only be allowed to see your child in the presence of a third-party supervisor who ensures that no harm comes to your child.
In severe cases, where the court finds that you pose a significant risk to your child’s well-being, it may result in a loss of custody. This could mean that your child is placed with the other parent, a relative, or in foster care, depending on the circumstances.
If family violence is alleged, the court may issue a temporary order of protection, which can include restrictions on your contact with the child. This could mean that you are temporarily banned from visiting your child while the court evaluates the situation.
In some cases, the court may order a custody evaluation to assess the fitness of each parent. These evaluations can involve interviews, psychological evaluations, and assessments of your home environment. If family violence is present, this evaluation will likely focus heavily on your ability to provide a safe environment for your child.
The Wilder Law Firm helped me overcome my case with the most favorable outcome possible. My case was dismissed very quickly and they kept me updated throughout the process. They handled all of my court appearances which kept me from having to spend time away from work. I greatly appreciate their help and would highly recommend them.” - Forrest Davis I hired the Wilder Law Firm to help with my Family Violence Citations due to it’s remarkable reviews, experience in the field and high approval rating! The firm successfully resolved my cases and got both of them dismissed. This has not only given me a greater relief, but I’m happy and excited that I have no record to worry about. Thank you everyone at the Wilder Law Firm for the support and patience with me. I’m very excited." - Steve Ak My advice– call Wilder Law Firm– they will help you! I had two cases in two different courts and they were able to get both dismissed! Facing these two charges put me in a really hard time for a few months but with the Wilder Law Firm’s help, I was able to put all this past me and move on with a clean record. This was a hard life lesson but I am thankful for the results." - Rudy Castanon
In extreme cases of ongoing family violence, the court may decide to terminate parental rights entirely. This is usually a last resort, but it is something that can happen in situations where the court believes that it is necessary to protect the child’s safety and well-being.
What the Court Considers in Custody Decisions Involving Family Violence
Texas family courts have broad discretion when it comes to determining custody arrangements, but they are bound by a clear set of guidelines meant to protect children. When family violence is involved, the court will carefully review all evidence of the violence, including police reports, witness testimony, and any other documentation related to the charges. Some of the specific factors the court may consider in cases involving family violence include:
The Safety of the Child: The court will consider whether the accused parent has endangered the child’s physical or emotional safety. If there is a history of violent behavior or threats, the court may conclude that the child’s safety would be compromised if the accused parent is awarded custody.
The Nature and Severity of the Violence: The court will evaluate how severe the acts of family violence were. More severe acts, such as physical assault or repeated abuse, are likely to result in stricter custody restrictions.
The Risk of Future Violence: Courts will consider the likelihood of future violence occurring. If there is evidence that a parent is likely to continue violent behavior or if they have not sought treatment for anger management or substance abuse issues, the court may be less inclined to grant custody.
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Parent-Child Relationship: The court will also examine the existing relationship between the parent and child. If the parent has a history of being actively involved in the child’s life, has provided emotional support, and has demonstrated a willingness to improve, the court may be more likely to grant visitation or custody under certain conditions.
Domestic Violence Counseling and Treatment: Courts will often look favorably on parents who take responsibility for their actions and seek help, such as enrolling in anger management classes, attending domestic violence counseling, or seeking treatment for any underlying issues, such as substance abuse. Demonstrating a commitment to change may result in more favorable custody terms.
How Can You Protect Your Custody Rights?
If you are facing family violence charges and are concerned about the impact on your child custody case, it is important to take proactive steps to protect your rights and your relationship with your children. First, seek legal representation. Family violence cases can be complex, and custody decisions have long-term consequences. It is crucial to work with an attorney who understands Texas family law and can advocate on your behalf. A skilled attorney will help you navigate the legal system, present a strong defense, and work to minimize the impact of the charges on your custody case.
Second, follow court orders. If a court has issued temporary orders or restrictions, it is important to follow them carefully. Violating court orders can have serious consequences and may hurt your chances of regaining custody or visitation.
Third, document everything. Keep detailed records of all interactions with your ex-spouse or other involved parties. If you have been falsely accused of family violence, documentation can help prove your innocence and protect your rights.
Fourth, get professional help. If you have committed acts of family violence in the past, seek counseling or anger management classes. The court will look favorably on efforts to address any underlying issues that contributed to the violence. Demonstrating your commitment to change can be a crucial part of regaining custody or visitation rights.
Focus on the child’s best interests. Ultimately, Texas courts make custody decisions based on the best interests of the child. Make sure to focus on providing a safe, stable, and loving environment for your child. Be prepared to demonstrate that you are capable of being a responsible and protective parent moving forward.
What Can Wilder Law Firm Do For You?
At Wilder Law Firm, we understand the emotional toll that family violence charges can have on you and your family. The thought of losing custody of your child or facing visitation restrictions can be devastating. Our team is committed to providing you with the guidance, support, and legal representation you need to navigate this difficult situation.
If you are facing family violence charges and are concerned about how it will affect your child custody case, we are here to help. Our team will work tirelessly to ensure that your rights are protected and that your case is handled with the attention and care it deserves. We will fight for the best possible outcome for you and your children. Reach out to us today for a free consultation, and let us help you work through this challenging time.