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DOMESTIC VIOLENCE & DIVORCES
When a divorce procedure involves accusations or charges of domestic violence, careful navigation is needed to ensure that these matters receive the consideration they deserve and that all parties are kept safe from harm. If you are facing a divorce that involves a domestic violence issue, then your choice in legal representation is critical to the outcome of your case.
How Can We Help Prevent Domestic Violence?
The state of Texas takes domestic violence seriously and our courts are prepared to provide a number of different remedies to punish those who perpetrate this type of violence and protect families and children. Note that these measures can be in addition to any criminal charges the accused may or may not be facing involving any domestic violence claims.
Divorces that involve domestic violence issues can result in:
- Protective orders (“restraining orders”)
- Supervised visitation for any children
- Termination of parental rights
- Unfavorable custody rulings for the accused
An individual that has been accused of committing family violence in Texas may be charged with any of the following offenses:
Domestic Assault – Tex. Penal Code § 22.01 – An individual can be charged with domestic assault if they intentionally, recklessly or knowingly:
- Cause bodily injury to a household or family member,
- Threaten to cause injury to a family or household member, or
- Physically contact a family or household member.
This offense is generally punishable as a class C, B or A misdemeanor or a felony of the third degree.
Aggravated Domestic Assault – Tex. Penal Code § 22.02 – An individual can be charged with aggravated domestic assault if they commit an assault offense against a family or household member and use a deadly weapon or cause serious bodily injury. This offense is generally punishable as a felony of the first or second degree.
Protective Order Violation – Tex. Penal Code § 25.07 – An individual can be charged with violating the terms of their protective order if they knowingly or intentionally violate the terms of a protective order issued against them. This offense is punishable as a class A misdemeanor or a felony of the third degree.
Stalking – Tex. Penal Code § 42.072 – An individual can be charged with this offense if they repeatedly and knowingly engage in conduct targeted at a specific person, such as a family or household member or a person in a dating relationship:
- That the person perceives as threatening;
- That causes the individual to fear they will be seriously harmed; and
- That would cause a reasonable person in the same situation to be afraid of injury or death from the conduct.
This offense is generally punishable as a felony of the second or third degree.
Child Abuse – Tex. Penal Code § 22.04 – An individual can be charged with child abuse if they recklessly, knowingly or intentionally cause bodily harm or injury to a child. This offense is generally punishable as a felony of the third, second or first degree.
Texas Penalties for Committing Family Violence
According to Chapter 12 of the Texas Penal Code, the penalties for many domestic violence offenses are as follows:
- A class C misdemeanor domestic violence conviction can result in a fine up to $500.
- A class B misdemeanor domestic violence conviction can result in a jail sentence up to 180 days and/or a fine up to $2,000.
- A class A misdemeanor domestic violence conviction can result in a jail sentence up to one year and/or a fine up to $4,000.
- A felony of the third degree family violence conviction can result in a prison sentence ranging from two to ten years and/or a fine up to $10,000.
- A felony of the second degree family violence conviction can result in a prison sentence ranging from two to 20 years and/or a fine up to $10,000.
- A felony of the first degree family violence conviction can result in a prison term ranging from five to 99 years or life imprisonment and/or a fine up to $10,000.
These basic statutory domestic violence penalties can vary depending on:
- The type and degree of family violence offense,
- Whether a weapon was used during the commission of the offense;
- Whether the alleged offender has a previous criminal record;
- Whether the victim was elderly, disabled or a child; and
- Whether death, bodily injury or serious bodily injury occurred.
Regardless of where you live or how old you are there is a risk that you could be a victim of domestic violence. This isn’t a pleasant opening for a blog but the topic isn’t a pleasant one in and of itself. The unfortunate truth is that while there are resources available to victims of domestic violence the best reaction of surviving an incident of domestic violence is to seek safety for yourself and your loved ones.
The fact that it is domestic violence means that the perpetrator is a person that has an intimate knowledge of you which makes the crime even worse.
Divorces are stressful enough as it is, but when you have been through the trauma and hardship that is associated with domestic violence the situation becomes much more tedious. When a spouse is abusive towards you the violence is often an extension of a feeling that the abuser must always be in control of you. The violence is a symptom of the need for control.
Divorce can be the first positive step towards protecting yourself against domestic violence. It’s not as if filing for divorce is an immediate cure for what is happened but it shows progress in terms of the mental state of the person who was previously victimized.
How are Children affected by Domestic Violence?
Even if the children of a marriage are not physically victimized by the incident(s) of domestic violence the effect on them can be far reaching. Studies have shown that girls who witness domestic violence growing up are more likely to becoming romantically involved with men who are themselves domestic abusers.
By the same token, young boys who witness domestic violence in the home are more likely to become abusers themselves. The cycle of abuse is therefore prolonged and their family tree risks leaning towards the side of abuse permanently unless something is done to nip this in the bud.
By filing for divorce, a request that the court issue an order related to conservatorship of the children can be made which protects the children from being exposed to the abuser-parent in anything but a supervised setting. Courts consider the best interests of the child when creating orders that affect them.
If a judge feels like one parent is a risk to the children’s physical or emotional wellbeing then they will most likely do whatever they can within reason to limit that parent’s possession and access to the children.
How to Spot signs of Abuse
- Domestic abuse not only covers physical violence but also emotional abuse brought on by words of one spouse used against the other to cause harm and exert control. Verbal abuse is even harder for a person outside the marriage to identify.
- Identifying signs of emotional abuse can be difficult, but if you suspect abuse of any sort is occurring look out for this type of behavior. Other telltale signs are one spouse limiting the time the other spouse may spend with friends or family as well as reports of the spouse making threats about removing the children from the home and taking them somewhere outside the knowledge of the other spouse.
- Learning how to identify the signs of abuse, even when they are not obvious, is important both for the victim-spouse and for friends and other allies of a spouse who may be getting victimized.
Divorcing from an Abusive Spouse in Texas: What you Need to Know
Family violence, also called intimate partner violence or domestic violence, can be defined as a pattern of behavior that is:
- coercive
- controlling and
- used to gain or maintain power over another.
It can include:
- physical abuse
- emotional or psychological abuse
- financial abuse and
- sexual abuse
Special laws in Texas are designed to provide quick and effective relief from domestic violence. The most important thing a victim of this kind of abuse can do, is find the courage to take action.
If Your Spouse is Violent, Take Immediate Action
Should your spouse become violent, you should take whatever steps are necessary to protect yourself and your children including:
- Leave the house
- Take your children
- Call the police
Only after you are safe is it time to focus on legal issues.
File Criminal Charges if Warranted.
Texas law is on your side. If you were attacked, there are several crimes your abuser may be charged with:
- Rape and Sexual Offense
- Assault,
- Domestic Criminal Trespass
- Communicating Threats
- Stalking or Harassing Phone Calls
It is a good idea to contact the police as soon as possible.
Recent blogs on Topic
DOMESTIC VIOLENCE & DIVORCES
When a divorce procedure involves accusations or charges of domestic violence, careful navigation is needed to ensure that these matters receive the consideration they deserve and that all parties are kept safe from harm. If you are facing a divorce that involves a domestic violence issue, then your choice in legal representation is critical to the outcome of your case.
How Can We Help Prevent Domestic Violence?
The state of Texas takes domestic violence seriously and our courts are prepared to provide a number of different remedies to punish those who perpetrate this type of violence and protect families and children. Note that these measures can be in addition to any criminal charges the accused may or may not be facing involving any domestic violence claims.
Divorces that involve domestic violence issues can result in:
- Protective orders (“restraining orders”)
- Supervised visitation for any children
- Termination of parental rights
- Unfavorable custody rulings for the accused
An individual that has been accused of committing family violence in Texas may be charged with any of the following offenses:
Domestic Assault – Tex. Penal Code § 22.01 – An individual can be charged with domestic assault if they intentionally, recklessly or knowingly:
- Cause bodily injury to a household or family member,
- Threaten to cause injury to a family or household member, or
- Physically contact a family or household member.
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