Texas Divorce 101 – Family Violence Will Impact the Outcome!

In this last of 7 segments discussing the basics of divorce, the topic is family violence and how Texas divorce lawyers sometimes see the family courts intervening as a result.

Contacting an attorney to start the divorce process is a good first step when a marriage is unrepairable, there are other early steps that should be taken as well if domestic violence is happening in the relationship.

The first importance for family law attorneys is to help their clients stay safe using the power of the courts to do so.

Family Violence and Protective Orders

When there is a history of violence in a relationship, divorce lawyers frequently recommend getting the family court involved.

Attorneys find that there are times when a spouse who has faced violence can end up at greater risk of additional or retaliatory violence once the divorce process is underway, so preventing that violence from happening becomes a priority.

A protective order or temporary restraining order can be issued by the court to protect the spouse receiving the violence throughout the divorce process, however long it takes.

When Can A Protective Order Be Issued?

A protective order may be issued by the courts when requested by family law attorneys and their clients in a few different circumstances.

The court can issue these orders to family members whether they are living in the same home or already separated, to non-family members living in the same household, and to dating partners.

In any of these cases, if violence becomes an issue before or during a divorce case, lawyers and their clients who can present evidence of said violence can have a protective or restraining order issued.

In doing so, the divorcing spouse can remain safe throughout the process until the divorce is finalized and the two spouses part ways permanently.

How Else Can Family Violence Affect Divorce Outcome?

Beyond just the concern of issuing protective and restraining orders, a history of violence in the family can also affect the final outcome of a divorce with respect to property division, child custody, and other elements.

Divorce attorneys advise clients that in many cases, the courts will weigh less favorably against the spouse committing violence on the other spouse.

Victimized spouses sometimes end up with a greater portion of the couple’s wealth and increased consideration in decisions about conservatorship, visitation, and other custody concerns.

Putting it simply, family law attorneys stress that acts of violence against spouses, children, family members, or anyone else can negatively affect a spouse’s credibility and the degree of consideration they receive from the family court.

Family Violence Can Affect A Divorce In Various Ways

Violence within a family is an issue that divorce lawyers and the Texas family court take very seriously.

Spouses experiencing violence can file for protection from the court while they seek a divorce and work through the process with their divorce attorney.

Violence within the relationship and family may also affect the degree of consideration a spouse receives from the court in terms of property distribution, child custody decisions, and more.

Any spouse seeking a divorce and dealing with violence from their spouse should immediately speak with a family law attorney who can help them.

With this last of 7 installments in our Divorce 101 series, we hope these articles have been helpful in answering some of your questions and guiding you if you see a divorce in your future.