The Effect of Domestic Violence on Divorce in Texas
The Commonality in Domestic Violence
A common trait that is found in most domestic violence situations is the victim of the abuse has been previously abused. This is due to the fear that antagonizes the victim not to speak out. Oppressive conduct directed towards a spouse or child can establish a fear that the oppressive spouse will act out against them if challenged in any way. This can lead to a routine of abuse and turmoil that may be inescapable if help is not sought. Recognizing the danger of your situation is the first step in confronting any domestic violence situation.
Taking Immediate Action
If your spouse is violent or has had violent tendencies in the past, legal action should be taken immediately to help preserve your rights and protect your own personal safety. If the situation involves rape or sexual offense, threats, stalking, or other forms of harassment, please contact law enforcement. Criminal charges may be warranted in your situation which can provide a basis for disputing any divorce and custody issues that may arise in the future. Domestic violence can be used as a fault-based ground for a divorce. It may also be used as a consideration in deciding conservatorship for a child. Regardless of the possible implications, it is important that you seek immediate help from law enforcement, family, friends, and legal professionals.
Get Protected
If domestic violence has occurred or is likely to occur in the future, you may obtain protective order from the courts. The main function of a protective order is to protect a person or property from someone who has committed domestic violence or is likely to commit domestic violence in the future. The protective order can prohibit types of conduct such as exclusion from the family residence, harassment, threats, and acts of family violence. A protective order may also prevent certain possession or access to a child for a temporary period of time, as well as order someone to exclusive possession of a child. A person is subject to contempt charges if found in violation of an order filed against them.
A court has broad discretion in making the determination that domestic violence has been committed or is likely to be committed in the future. One act alone may not constitute domestic violence in and of itself. However, an act along with a history of other violent behavior can be found to constitute domestic violence. It is important to let your attorney know about all violent occurrences to insure that you are adequately protected by the order. You must inform your attorney if you have already obtained a protective order prior to filing for divorce. A protective order will remain enforceable until final divorce decree or SAPCR order has been rendered.
How do I get a protective order?
If you have been a victim of domestic violence, you can obtain a protective order by applying for one through the county district attorney’s office, a private attorney, or any legal aid service. An applicant for a protective order must be related by blood or marriage to the offender, lived with previously or is currently living with the offender, or has had a child with the offender. If you are unsure if a protective order is applicable to your situation, it is best to seek the advice of an attorney.
A Protective Order’s Effect on the Divorce Process
The issuance of a protective order can significantly impact the divorce process. When the court is considering areas such as child custody, spousal maintenance, child support, and the division of the marital estate between the spouses, a domestic violence finding can preclude a spouse from having certain rights to their property or children. If the court finds a history or pattern of domestic violence, such finding will be used in determining conservatorship, access, and which parent will have the exclusive right to determine a child’s primary residence. The issuance of a protective order does not conclusively prove a history or pattern of domestic violence has occurred.