When families go through custody disputes, few issues carry as much weight with the court as domestic violence. Allegations or evidence of abuse have the power to reshape the course of a custody case, especially when the safety and well-being of children are at stake.
In Texas, family courts are tasked with making critical decisions about children’s welfare in these cases, often limiting or even denying access to a parent with a history of abuse. And domestic violence doesn’t just have custody implications. It’s also a serious crime that can have criminal consequences as well.
Whether you are seeking protection or have been wrongly accused and need to defend your parental rights, the legal road ahead can feel daunting. At Melone Hatley, P.C., our San Antonio family law attorneys have seen firsthand how difficult these cases can be. Our legal team is committed to helping parents navigate custody disputes with compassion and legal precision, especially when domestic violence is a factor. We are here to ensure your voice is heard and your child is protected.
The Best Interests of the Child Standard
Texas courts follow the “best interests of the child” standard, as outlined in Texas Family Code Section 153.002. This guiding principle allows the judge to weigh numerous factors in making custody decisions, and domestic violence is among the most serious. If a parent has committed acts of family violence, the court must take that into account when determining who should have managing conservatorship and what kind of visitation (if any) is appropriate.
The court’s key considerations in these matters are
- The physical and emotional safety of the child
- The history and pattern of abuse, if any
- Each parent’s ability to provide a stable and nurturing environment
- Whether there is a risk of future violence or harm
Even if the abuse was not directed at the child, witnessing violence between parents can be traumatic and is treated seriously by the court.
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Emergency Protective Orders and Temporary Custody
In situations where there is immediate danger, a parent can request a Temporary Ex Parte Protective Order, which the court may issue without notifying the other parent if there is a clear and present danger of family violence. This order can grant temporary custody, prevent the other parent from contacting the child, and restrict access to the family home or school.
If a longer-term solution is needed, the court may hold a full hearing to issue a final protective order. A finding of family violence may trigger automatic limitations on custody and visitation, including supervised visitation or a denial of access altogether.
How Does the Court Evaluate Evidence of Abuse?
Texas courts don’t require a criminal conviction to consider domestic violence in custody decisions. Instead, the court applies the “preponderance of the evidence” standard instead of “beyond a reasonable doubt,” meaning the abuse must be more likely than not to have occurred.
Evidence the court may consider includes:
- Police or incident reports
- Medical records or photographs of injuries
- Testimony from witnesses, counselors, or family members
- Emails, text messages, voicemails, or social media posts
- Prior protective orders or court filings
If the court determines that there is credible evidence of abuse, it may limit the offending parent’s rights and require counseling, parenting classes, or ongoing court monitoring before visitation is restored.
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Custody Arrangements if Abuse is Found
When the court finds that a parent has committed family violence, it may award sole managing conservatorship to the non-abusive parent, giving them the exclusive right to make decisions for the child. In this case, the abusive parent may be appointed a possessory conservator, but with restricted or supervised visitation rights.
Common court-ordered arrangements in these situations may include:
- Supervised visitation at a court-approved facility
- No overnight visits until rehabilitation is demonstrated
- Mandatory completion of anger management or domestic violence counseling
- Periodic court reviews to assess progress and compliance
Under Texas Family Code § 153.004, courts are prohibited from appointing a joint managing conservator if credible evidence of a history or pattern of abuse is present, ensuring that the child is not exposed to ongoing harm.
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Protecting Yourself and Your Child
When domestic violence is present, taking immediate informed steps is critical to protecting yourself and your child from further harm. Texas law provides both emergency and long-term tools for ensuring your safety.
Take Immediate Action in Dangerous Situations
If you or your child is in immediate danger, call 911 or your local law enforcement agency. Do not wait for the situation to escalate. Police can assist you in leaving the scene safely, documenting the incident, and initiating a temporary ex parte protective order. These protective orders typically last up to 20 days but can be extended, and they often serve as the first step toward more permanent legal protection.
Collect and Preserve Evidence
Domestic violence cases often rely on documentation. Even if you’re unsure about moving forward legally, begin collecting evidence, such as
- Photos of injuries or property damage
- Screenshots of threatening texts or emails
- Witness statements from friends, neighbors, or family members
- Medical reports or police reports
Keep a private, secure journal detailing any incidents, including dates, times, and descriptions. This can become valuable evidence later if custody or criminal proceedings arise.
Seek a Final Protective Order
After a hearing, a judge may issue a Final Protective Order, which can last up to two years (or longer in serious cases). These orders can:
- Grant sole managing conservatorship
- Impose supervised visitation or restrict access altogether
- Require the abusive parent to complete counseling or anger management training
These civil protections exist alongside any criminal charges the abuser may face, such as assault or child endangerment, and the outcomes of each can influence the other.
Create a Long-Term Safety Plan
While legal orders are crucial, they’re only a part of the solution. You will also need to develop a safety plan that addresses
- Where you would go if you needed to leave your home suddenly
- Who you could trust to care for your children in an emergency
- A list of emergency contacts and resources, such as local shelters and the domestic abuse hotline
- How you would handle school pickups and communication in the event of an emergency
Essential advocacy groups like the Texas Advocacy Project and the Domestic Abuse Hotline at 1-800-799-SAFE (7233) offer confidential planning and support for people who are dealing with domestic violence in the home.
What if You’ve Been Falsely Accused of Domestic Violence?
Facing a false accusation of domestic violence, especially in the midst of a custody battle, can feel overwhelming and profoundly unjust. These claims can affect not only your reputation but also your legal rights as a parent. Protecting yourself and restoring your credibility in the court’s eyes will be critical.
- Retain an experienced family law attorney immediately. Your legal counsel will help you navigate the judicial system and advise you of your rights and next steps.
- Gather evidence. Save texts, emails, voicemails, and any other records that contradict the allegation or demonstrate your character.
- Request a custody evaluation or psychological assessment to provide an objective view of your parenting capacity.
- Maintain your composure and follow all court orders, even if you feel they are unfair. The way you conduct yourself during this time will be closely scrutinized by the court.
Even if you have been falsely accused of domestic violence, your rights still matter. While accusations can temporarily cloud the truth, they must be supported by clear and convincing evidence. And they don’t erase your parental rights. The court will be focused on protecting your child’s best interests, including protecting their relationship with a safe and loving parent.
Parents who make false accusations of violence will have their credibility severely damaged in the eyes of the court, and this will influence the court’s decisions about conservatorship. In some cases, you may even be able to seek legal remedies against the accuser. By working with an experienced legal team and providing a strong, fact-based defense, you can begin to rebuild the court’s trust and ensure that your voice is heard.
Navigating Custody in Texas Amid Domestic Violence Allegations
Domestic violence allegations can have a life-altering impact not only on families but also on child custody decisions. For survivors, the legal system offers vital tools to protect themselves and their children, ensuring that parenting arrangements prioritize their safety, stability, and healing. Protective orders, sole conservatorship, and supervised visitation are just some of the ways courts can intervene to protect a child from harm.
At the same time, it’s equally important to recognize that not all allegations are valid. False claims of abuse, while less common, can cause significant emotional and legal harm to a parent’s relationship with their child. Texas courts are tasked with making difficult decisions, balancing safety concerns with a child’s right to maintain meaningful relationships with both parents if it is safe and appropriate to do so.
Whether you are seeking protection or defending your parental rights, navigating these issues requires both sensitivity and legal assertiveness. At Melone Hatley, P.C., our San Antonio family law attorneys have extensive experience representing clients on both sides of domestic violence and custody matters. We understand the high stakes and emotional weight these cases carry, and we are here to guide you with fierce advocacy. Call us at 210-688-8550 or contact us online to schedule a free consultation with one of our Client Services Coordinators.
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