At The Cook Law Firm & Associates PLLC, we understand that family violence is a serious issue that affects many households in Texas. As experienced Texas family law attorneys, we believe it’s important for our clients to understand the legal framework surrounding family violence in our state. Here, will explore the statutory basis for family violence in Texas, its implications in family law cases, and how our firm can help those affected by this issue.
Defining Family Violence in Texas
Texas law provides a comprehensive definition of family violence, which is broader than many people realize. According to the Texas Family Code, family violence includes an act by a member of a family or household against another member that is meant to result in physical harm, bodily injury, assault, or sexual assault. It also encompasses threats that reasonably place the family or household member in fear of imminent bodily injury, physical harm, assault, or sexual assault.
Importantly, the definition extends beyond physical violence. It includes dating violence, which is violence committed by a person who is or was in a dating relationship with the victim. The law also recognizes that family violence can occur between former spouses and between parents of the same child, regardless of whether they were ever married or lived together.
Who is Considered Family Under Texas Law?
When discussing family violence, it’s important to understand who qualifies as “family” under Texas law. The definition is quite broad and includes people related by blood or marriage, former spouses, parents of the same child, foster children and foster parents, and any members of a household. This inclusive definition ensures that a wide range of relationships are protected under family violence statutes.
Additionally, the law recognizes that family violence can occur in dating relationships. This means that individuals who are or were in a dating relationship are also covered under family violence laws, even if they never lived together or were married.
Types of Acts Considered Family Violence
Texas law recognizes various acts as family violence. These include physical acts such as hitting, kicking, pushing, or using weapons to cause harm. However, it’s important to note that family violence isn’t limited to physical abuse. Threats of violence that cause a reasonable fear of imminent harm are also considered family violence under Texas law.
Sexual assault within a family or household context is explicitly included in the definition of family violence. This recognizes the serious nature of sexual crimes within intimate relationships and ensures that victims have access to appropriate legal protections.
The law also acknowledges that family violence can take the form of emotional or psychological abuse. While these forms of abuse may be more challenging to prove in court, they are recognized as harmful and can be factored in family law cases, particularly those involving child custody or protective orders.
Protective Orders in Family Violence Cases
One of the primary legal tools for addressing family violence in Texas is the protective order. These court orders are designed to prevent further acts of family violence by prohibiting the abuser from committing further acts of violence, communicating with the victim, or going near the victim’s home or workplace.
Emergency protective orders, also known as magistrate’s orders for emergency protection, can be issued immediately after an arrest for family violence. These orders provide immediate protection for victims in the immediate aftermath of a violent incident.
Temporary ex parte protective orders can be issued without a full court hearing and provide short-term protection while awaiting a final hearing. These orders typically last for up to 20 days but can be extended in some circumstances.
Final protective orders are issued after a court hearing where both parties have the opportunity to present evidence. These orders can last up to two years and may be extended if the court finds that the threat of violence still exists.
Impact of Family Violence on Divorce Proceedings
Family violence can have significant implications in divorce proceedings. In Texas, courts are required to consider evidence of family violence when making decisions about child custody and visitation. A finding of family violence can result in restrictions on the abusive parent’s access to the child, including supervised visitation or, in severe cases, termination of parental rights.
Moreover, family violence can impact property division in a divorce. While Texas is a community property state, meaning that marital property is typically divided equally, evidence of family violence can lead a court to award a disproportionate share of community property to the victim spouse.
Family violence can also affect spousal maintenance (alimony) decisions. If a spouse is convicted of an act of family violence within two years before the divorce filing or while the divorce is pending, this can be a factor in awarding spousal maintenance to the victim spouse.
Criminal Implications of Family Violence
While family violence is often addressed in civil court through protective orders and family law proceedings, it’s important to note that many acts of family violence are also criminal offenses. Depending on the nature and severity of the act, family violence can be charged as assault, aggravated assault, sexual assault, or other criminal offenses.
A conviction for a family violence offense can have serious consequences, including fines, probation, and jail time. Additionally, a family violence conviction can have long-lasting effects on a person’s rights, including restrictions on firearm ownership and potential immigration consequences for non-citizens.
Family Violence and Child Protective Services
In cases where children are exposed to family violence, Child Protective Services (CPS) may become involved. Texas law requires certain professionals, including teachers, doctors, and childcare workers, to report suspected child abuse or neglect, which includes exposure to family violence.
CPS involvement can lead to various outcomes, ranging from providing services to the family to removing the child from the home in severe cases. It’s crucial for parents to understand that exposing a child to family violence can have serious legal consequences, even if the child is not directly physically harmed.
How The Cook Law Firm & Associates PLLC Can Help
At The Cook Law Firm & Associates PLLC, we have extensive experience dealing with family violence cases in Texas. Whether you’re a victim seeking protection or someone wrongly accused of family violence, our attorneys can provide the skilled legal representation you need.
For victims of family violence, we can help you understand your rights, obtain protective orders, and advocate for your interests in divorce or custody proceedings. We can guide you through the process of documenting abuse, accessing support services, and ensuring that the legal system works to protect you and your children.
If you’ve been accused of family violence, we can help you understand the charges against you, build a strong defense, and work to protect your rights and reputation. We understand the serious implications of family violence allegations and will work tirelessly to ensure that your side of the story is heard.
In all cases, we approach family violence matters with the sensitivity and discretion they deserve. We understand the emotional toll that these situations can take on all involved parties and strive to provide compassionate, effective legal representation.
Contact The Cook Law Firm & Associates PLLC Today
If you’re dealing with a family violence issue in Texas, don’t face it alone. Contact The Cook Law Firm & Associates PLLC today at 210-740-0281 to schedule a confidential consultation. Let our experienced Texas family attorneys help you through this challenging situation and work towards a safer, more secure future for you and your family.