Domestic violence can have a profound impact on child custody proceedings in Texas. Courts prioritize the safety and well-being of children when determining custody and parenting time, especially when allegations of domestic violence arise. Protective orders often become a key factor in these cases, influencing both directly and indirectly how parenting arrangements are structured. As Dallas custody attorneys, we help clients understand how domestic violence allegations and protective orders affect case outcomes under Texas law.
In general, Texas family courts operate under the principle that children should have meaningful relationships with both parents—unless doing so would put the children in danger. When domestic violence is alleged by a party, courts must balance a child’s safety with the inherent rights of a parent. Protective orders are a judicial tool used to restrict contact between the accused and the victim, as well as the accused and the children involved. Such an Order can significantly influence a court’s decisions concerning conservatorship, possession, access, support, and the allocation of a parent’s rights. Understanding how Texas law handles these situations can help families prepare for the legal process and protect their children’s best interests.
Understanding Protective Orders In Texas Custody Cases
A protective order in Texas, called a restraining order in many other states, is a court-issued directive designed to prevent further harm by limiting contact between the accused and the alleged victim. In Texas, protective orders are governed by Texas Family Code § 81.001 and can restrict the accused from contacting the victim, their own children, or even being near their home, school, or place of work.
Protective orders may be issued where there is credible evidence of harm or the threat of harm. They can be either temporary (lasting up to 20 days) or final, which can last up to two years or longer in certain circumstances. Violations of protective orders can lead to criminal charges under Texas Penal Code § 25.07, which can become an entirely separate legal matter on its own.
How Domestic Violence Allegations Impact Child Custody In Texas
Texas courts take domestic violence allegations seriously in child custody cases. When determining custody arrangements, judges must prioritize the child’s safety and well-being. Under Texas Family Code § 153.004, courts may restrict or deny possession of their child to a parent if there is sufficient evidence of family violence.
Key ways domestic violence can impact custody include:
- Sole Managing Conservatorship: Courts may award sole managing conservatorship to the non-violent parent, limiting the accused parent’s decision-making authority.
- Supervised Visitation: If a parent poses a risk to the child, the court may order supervised visitation or no possession at all.
- Termination Of Parental Rights: In the most severe cases, Texas courts have the power to terminate a parent’s rights if there is clear and convincing evidence of ongoing danger.
In Texas, when protective orders are involved, they can further restrict a parent’s access to their children throughout the custody proceedings.
Filing For A Protective Order In A Custody Case
To obtain a protective order in a Texas custody case, the requesting party must demonstrate a risk of family violence. The process typically involves:
- Filing A Petition: The victim or their attorney files a petition for a protective order with the court.
- Temporary Order Hearing: The court may issue a temporary ex parte order if there is immediate danger without notifying the accused.
- Final Protective Order Hearing: A hearing is held where both parties can present evidence. If granted, the final order may last up to two years or longer if there is a continued threat.
Protective orders can significantly affect custody decisions by restricting the accused parent’s access to the children and shared residences.
Challenging False Allegations Of Domestic Violence In Custody Cases
While domestic violence allegations can be legitimate and critical for child safety, false or exaggerated accusations sometimes do arise during heated custody battles. Texas law requires evidence to substantiate these heavy claims, but the impact of an accusation alone can be severe. If you have been falsely accused:
- Gather evidence to disprove the allegations.
- Attend all hearings with a strong legal defense.
- Request court-ordered evaluations or testimonies to clarify the facts.
False allegations can harm both the accused parent and the children involved. Courts may impose hefty penalties on those who intentionally make false claims under Texas Family Code § 261.107.
The Role Of Evidence In Domestic Violence Custody Cases
Evidence plays a vital role in custody cases involving domestic violence. Texas courts usually rely on documented evidence of domestic violence or sexual abuse to determine whether a protective order should be granted and how custody arrangements should be structured.
This evidence commonly includes:
- Police reports or arrest records.
- Medical records documenting injuries.
- Testimonies from non-interested witnesses or family members.
- Communications such as text messages or voicemails containing threats.
Properly presenting evidence can make a significant difference in the outcome of a custody case involving domestic violence.
Frequently Asked Questions
What Is The Difference Between A Protective Order And A Restraining Order In Texas?
A protective order in Texas is issued to prevent further harm. Protective orders carry criminal penalties if they are violated. A restraining order in Texas, on the other hand, typically restricts behavior in civil cases. For example, a restraining order can prevent one parent from relocating a child during a custody dispute. Protective orders fall under Texas Family Code § 81.001, while restraining orders are often issued in divorce cases under Texas Rules of Civil Procedure Rule 680.
Can A Protective Order Be Modified Or Lifted?
Yes, a protective order can be modified or lifted under certain circumstances. The party subject to the order must file a petition with the court requesting a hearing to review the order’s terms. If circumstances have changed and the alleged victim no longer feels threatened, the court may consider lifting the order. However, the burden of proof remains with the requesting party to demonstrate the change in circumstances.
Call Our Dallas Custody Attorneys To Schedule A Consultation
At Orsinger, Nelson, Downing & Anderson, we are committed to protecting the rights of parents involved in Texas custody cases. If you are facing a custody dispute involving domestic violence or need assistance filing or challenging a protective order, our Dallas custody attorneys can provide the legal support you need.
We represent clients in Dallas, Frisco, and San Antonio, Texas. To learn more about how filing or defending against a restraining order or protective order, contact our Dallas custody attorneys at Orsinger, Nelson, Downing & Anderson, LLP at (214) 273-2400 to schedule a consultation. Let us help you safeguard your parental rights and ensure the safety of your family.