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Can domestic violence impact your divorce case?

On Behalf of | Apr 3, 2023 | Assault, Battery And Domestic Violence |

If you are charged with domestic violence, you might be curious to know how this will impact your life. Most certainly, it can and it will. Being charged with domestic violence is a big deal, especially if you are in the middle of a contested divorce. 

A pending domestic violence case might have nothing to do with your divorce. After all, Texas is a no-fault divorce state, which means that the court does not need to concern themselves with who is at fault for the divorce. However, domestic abuse can impact your divorce in the following ways: 

Domestic violence and protective orders

If you are charged with domestic violence, the court will often issue an order of protection against you. If the kids witnessed the violent acts in question, or were victims, then they might be included in the order. This means that you may be required to leave the marital home immediately and cease any contact with the protected parties. Eventually, this will impact your parental responsibilities.

Domestic violence and parental responsibilities

Parental obligations pertain to the rights you have regarding your child. This is commonly known as custody. At the very basic, parental obligations have two components: parenting time or physical custody and decision-making or legal custody. 

An active domestic violence case, or a history of domestic violence, will most likely bring to question your ability to meet the best interests of the child. In other words, domestic violence can limit your parental rights and how you spend time with your child. For instance, if the violence in question is sexual in nature, then the court may only grant supervised visitation. 

Protecting your rights

Domestic violence charges can have lasting impacts. If you are charged with any form of domestic abuse, it is in your best interests that you explore your defense options as soon as possible. 

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