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Blog 2020 June Can Domestic Violence Charges Affect My Divorce?
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Can Domestic Violence Charges Affect My Divorce?

Posted By Kathryn Marteeny || 9-Jun-2020

Domestic violence is a terrible reality, but it is a reality. The damage and trauma experienced by both parties will have lasting consequences.

Having a domestic violence charge will cause a ripple effect in the accused’s life. Divorce rulings, for example, can quickly turn against their favor.

Waiting Periods

Texas typically requires a waiting period after a divorce has been filed. According to state law, finalizing a divorce takes at least 60 days from the date of filing. The judge may officially grant the divorce after that.

A domestic violence charge changes that. It may speed up this process. When one partner has been convicted of domestic violence against the other, the divorce can go through immediately.

Protective Orders

In the event of a domestic violence charge, the perpetrator could be served with a protective order, often called a restraining order. Protective orders will block access to not only the spouse, but also their children. The receiver of a protective order must stay away from the victim and their children.

In Texas, the person who receives a protective order loses their second amendment rights. Unless they are a cop, they cannot own a firearm for the duration of the order, and they lose their concealed carry privileges while the order is in effect.

Violating a protective order is punishable by a fine of $4,000, a year in jail, or both. Repeated offenses, three or more times, becomes a felony.

In civil courts, there are two types of protective orders that may be issued.

Ex-Parte Temporary Protective Order

When someone fears for their safety, they may file for a temporary protective order. If they are able to prove the abuse to a judge, the order lasts 20 days. “Ex-parte” means that it may be filed and approved without the presence of a defendant.

Final or Permanent Protective Order

When a spouse files for a final protective order, the defendant has the right to appear in court and plead their case. If the judge approves the order, it lasts for up to two years.

Child Custody

A parent who has been charged with domestic violence could be viewed as a danger to the children. Child custody rulings are always meant to serve the best interests of a child. A home – or a parent – that a judge considers unsafe for the child is not likely to gain custody of that child. The abused parent will likely gain sole conservatorship of the children. “Conservator” is Texas’s term for the legal parent or guardian of a child.

Judges will look at the history of the home. If there is a pattern of child neglect, abuse, and/or sexual abuse, parents may be denied visitation as well.

Division of Property

Texas uses a “community property” model when dividing assets. All property acquired during the marriage is considered “communal” or “community” property. This includes anything either party bought during the marriage and their combined incomes. Separate property includes gifts or inheritances given by people outside of the marriage.

Community property division, which is the least used property division model in the U.S., works on a pretty simple premise. Take the entirety of the communal assets and divide it 50/50 among divorcees, a completely equal split, but there’s a catch.

Texan judges are given wide authority to divide the property in a way that they deem “just and fair.” On paper, the system is meant to execute an even split, but judges can divide assets in such a way that makes the split more “equitable” and less “equal.”

A domestic violence charge isn’t going to win any favors with the judge. They could, if they wanted to, rule that an abused spouse is entitled to more money to make up for their pain and suffering during the marriage.

Spousal Maintenance

Once the property is divided evenly, the court looks at what is left over. If, as the result of a divorce, one spouse will be left unable to meet their basic needs, the judge will rule for spousal maintenance. Spousal support in Texas is meant to be a way to get a spouse back on their feet. The state doesn’t want someone to become dependent on support. Sometimes, judges even refer to it as “rehabilitative support.” For that reason, Texas has a chart for the length of time a spouse can expect to receive support.

With a domestic violence charge, the abuser may need to pay spousal support even when the split does not leave the victim destitute.

The length of time for spousal maintenance in Texas is based on the length of the marriage. The chart looks like this:

  • If the marriage lasted 10 to 30 years, spousal support lasts for 5 years.
  • If the marriage lasted 20 to 30 years, spousal support lasts for 7 years.
  • If the marriage lasted 30 or more years, spousal supports lasts for 10 years.

A domestic violence charge is serious, and its effects are wide and long lasting. When it’s time for the divorce, both parties need to secure a good lawyer to help build a better future for everyone.

If you have questions or concerns about a domestic violence charge in your divorce, we can help. Consultations are free and there’s no risk involved, so call today at (713) 936-2300 or contact us online.

Categories: Divorce, Family Law, Child Support, Property Division, Child Custody, Spousal Maintenance, Visitation, Domestic Violence

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