Emotions run high during a Texas divorce, sometimes leading to physical altercations between the parties. When there are accusations of domestic violence as a result, the charges can have a serious impact on your life. The implications go beyond the criminal consequences, and can have consequences for your rights in a divorce case.
The attorneys at Tad Nelson & Associates have represented many clients throughout the Houston and Galveston County metro areas in situations where a lapse in judgment leads to domestic violence charges. We have in-depth knowledge of Texas law on domestic abuse, especially in the context of a divorce case. You are entitled to defend yourself against accusations, so we will be by your side to present your position. We encourage you to contact us right away for a consultation with a lawyer, but you may also find it useful to review some general information on domestic violence law in Texas.
Overview of Domestic Violence Under Texas Law
Under Texas law, allegations of violence or threats against a family or household member are viewed as more serious than violence against a stranger. When domestic abuse occurs between parties to a divorce case, there may be adverse consequences for the person accused of violent conduct.
- Domestic Violence Charges and Sentencing: Domestic abuse may be charged as a misdemeanor or a felony, depending on the circumstances. A person convicted of a misdemeanor conviction may be sentenced to some jail time, along with a fine, probation, and requirement to attend counseling.
Sentencing on a felony conviction is more severe, including longer periods of incarceration and probation, higher fines, and possible registration as a sex offender.
- Orders of Protection: A victim of domestic violence may request a protective order to prevent an alleged abuser from contact and communication, even where the parties are involved in a divorce case. These court orders can have a severe effect on abilities of those who they target.
- Domestic Violence and Child Custody: An allegation or conviction on domestic violence charges can also affect divorce and child custody proceedings. Texas law requires a judge to consider domestic violence charges prior to deciding anything in regards to child custody. You may be denied all custody rights or only granted limited, supervised visitation with your own children.
As you can see, domestic violence charges are serious and should not be taken lightly. The problem for some accused individuals is that domestic violence charges may stem from misunderstandings, or relate to false or exaggerated claims. In these situations, the need for an experienced domestic abuse attorney is critical.
Trust a Galveston Domestic Violence Attorney to Protect Your Rights
If you’ve been accused of domestic abuse, whether as part of a divorce case or separately, please contact Tad Nelson & Associates right away. The charges against you are serious, but you are still entitled to defend yourself against the allegations. You can reach our Galveston, TX office at (281) 280-0100 or visit our website to schedule a consultation.