Domestic Violence in Texas: Protecting Your Rights and Safety

Domestic violence in Texas is a serious issue that deeply affects families. False accusations can also cause significant damage. In divorce cases, both scenarios can arise, either as a cause for the dissolution or as a means of revenge. Both situations are harmful to all parties involved.

At Hiller Criminal Defense & Family Law, our family law attorney in Austin will guide you through the process, ensuring your safety and compliance with the law, especially if children are involved and child support or custody is at stake. Contact us at (512) 360-9100 to schedule a consultation.

What Constitutes Domestic Violence in Texas?

Domestic violence generally involves abusive acts by one household or family member against another. It can include physical, financial, emotional abuse, isolation, and stalking. It can occur in various situations, such as between roommates, co-parents who no longer live together, or separated/divorced couples.

Proving Domestic Violence

Several types of evidence can support claims of domestic violence:

  • Physical Evidence: Photos, videos, medical reports, weapons, and damaged property.
  • Eyewitnesses: Testimony from police officers, neighbors, co-workers, friends, and family.
  • Expert Witnesses: Reports and analysis from domestic violence experts.

Impact on Divorce in Texas

Texas recognizes both fault and no-fault divorces. Domestic violence can be a basis for a fault divorce, which typically doesn't require a waiting period like no-fault divorces. If domestic violence is present, a protective order can bar the abuser from the marital home, providing the victim time to prepare for the divorce.

Impact on Property and Debt Distribution

Texas uses community property laws, presuming equal division of marital property. However, domestic violence can influence this distribution, especially if the abuse affected the victim's ability to work or contribute to the marriage.

Impact on Alimony

While alimony is not punitive, domestic violence can justify alimony if it affected the victim's financial independence. The court considers the impact of abuse when determining spousal support.

Impact on Child Custody

A history of domestic violence can disqualify an abusive parent from custody or result in supervised visitation. Courts prioritize the child's best interests and will scrutinize any false accusations of abuse, potentially favoring the other parent if the claims are proven false.

Contact a Divorce Lawyer in Austin Today

Divorce is challenging, especially with the added complexity of domestic violence. Courts need to be aware of any abuse to provide protection and appropriate rulings. Our divorce lawyer in Austin will ensure your case is handled smoothly and your rights are protected. Contact us at (512) 360-9100 or fill out our online form to schedule a consultation.