Domestic Violence and Divorce

How the Process is Affected

Domestic violence is a pattern of behavior used by one partner in an intimate relationship to gain or maintain power and control over the other partner. Domestic violence can occur in any type of relationship, including married couples, dating couples, and cohabitating couples. Domestic violence often leads to divorce. In this blog, we will discuss how domestic violence can impact different aspects of a divorce in Texas, including child custody, obtaining temporary orders, and more.

Temporary Orders

If you are a victim of domestic violence, you may be able to get a temporary restraining order (TRO) against the abuser. A TRO is a court order that requires the abuser to stop the abuse and have no contact with you. It can also mandate the abuser to move out of your home, give you temporary custody of your children, and pay child support. If the abuser violates the TRO, he or she can be arrested.

A TRO is not permanent and expires after either 20 or 30 days, depending on the state in which you live. If you want protection beyond that, you will need to file for a longer-lasting domestic violence restraining order (DVRO). To get a DVRO, you will need to go to court and present evidence of domestic violence. The abuser will also have the chance to present his or her side of the story. If the judge grants the DVRO, it can last for up to five years.

Child Custody

If you are a victim of domestic violence, you may be worried about how it will impact your children and your ability to get custody of them. You may be concerned that the abuser will use the children as a way to control you or that the court will give custody to the abuser because they think it is in the best interests of the child. Thankfully, there are laws in place to protect victims of domestic violence and their children.

The first thing you should do if you are a victim of domestic violence is to get help from a domestic violence shelter or program. They can help you create a safety plan and find resources in your area. If you have been abused, it is important to document everything that has happened. This can be done by keeping a journal, taking pictures, or saving text messages. This documentation can be very helpful if you have to go to court.

If you are in immediate danger, you should also call the police. The police can help protect you and your children and can also arrest the abuser. Once the abuser is arrested, they will usually be put on probation and will have to comply with certain conditions, such as not contacting you or going near your home. If they violate these conditions, they can be sent back to jail.

If you are going through a divorce and there is domestic violence involved, the court will take domestic violence into consideration when making decisions about child custody. The safety of the child is always the most important factor. If the abuser has a history of domestic violence, the court may give custody to the other parent or require that visitation only happen in a supervised setting.

Work With an Attorney to Protect Your Rights

If you are a victim of domestic violence, you may be wondering how this will impact your divorce. Unfortunately, domestic violence can have a major impact on the outcome of your divorce. That is why it is so important to work with an attorney who can help protect your rights.

Your attorney will be able to help you gather evidence of domestic violence. This evidence can be used to request a protective order or to help prove that domestic violence was a factor in the divorce. In some cases, victims of domestic violence are able to get a higher percentage of the assets in the divorce.

If you have children, your attorney can also help you get custody of them. In many cases, courts will not give custody to a parent who has been accused of domestic violence. However, each case is unique and you should discuss your options with your attorney.

If you are going through a divorce and domestic violence is an issue, be sure to work with an experienced attorney who can help protect your rights. With the right legal assistance, you can get the outcome you deserve in your divorce.

At Law Office of Mark M. Childress, our team is dedicated to protecting the rights of those who have suffered from domestic violence. We can help you achieve freedom. Learn how by calling (817) 497-8148 or by visiting our website.

If your or someone you know is a victim of domestic violence, call the National Domestic Violence Hotline at (800) 799-7233.