Will I Lose My Kids if I Am Charged with Domestic Violence in Texas?

 Posted on August 26, 2022 in Criminal Defense

Domestic violence is a major problem in Texas. In order to protect victims of domestic violence from their abusers, Texas laws allow acts of domestic violence to have a significant impact on divorce proceedings. While this certainly helps true victims of domestic violence, it also makes it easy for false allegations to completely derail an innocent parent’s chances of getting custody of their kids. If you are getting divorced and facing allegations of domestic violence, it is important to understand how Texas child custody laws work.

How is Child Custody Decided in Texas? 

Child custody is divided into two areas - possession and access, also known as “visitation,” and conservatorship, also known as “custody” or the ability to make important decisions on behalf of the child. 

Both of these areas can be severely impacted by domestic violence. If there is a history of domestic violence from one parent against a child or the other parent, Texas judges are prohibited from allowing parents to share conservatorship. If the abuse towards the child occurred in the past two years, the abusive parent can be prohibited from spending time with the child entirely. 

Can I Fight Charges of Domestic Violence? 

Judges are primarily concerned with determining what parenting arrangement would be in the child’s best interests. This means that, even if your ex is accusing you of domestic violence, you can present evidence that the charges are false, exaggerated, or occurred so long ago that they should not have any bearing on decisions related to the child now. 

If both parties present evidence and there is still some question as to whether the child would be safe with a parent accused of domestic violence, a judge can order supervised visitation for as long as it takes to convince the judge that the child is safe. 

Even if you are totally outraged by the allegations of domestic violence and upset at the prospect of spending less time with your child, it is essential to be cooperative with police, investigators, prosecutors, and anyone else involved in your case. If you are facing arrest and criminal charges for domestic violence, exercise your right to remain silent and have an attorney represent you. 

Do not contact your ex in any way, even to ask why they are making false claims against you. Do not respond if your ex contacts you. Avoid social media and discussing your case with anyone but your attorney, a close friend or two, and a therapist. 

Call a Llano County Domestic Violence Defense Lawyer for Help

If allegations of domestic violence have been made against you, or if you are worried your spouse may try to make false allegations during your divorce, contact the Law Office of Russ Alan Baker, PLLC to schedule a consultation with a Llano, TX domestic violence defense attorney. We offer case reviews so you can learn more about how we can help. Call us now at 325-216-2006. 

Source: 

https://www2.texasattorneygeneral.gov/initiatives/family-violence/