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Every year, thousands of individuals across the United States face the devastating impacts of domestic violence. Within family settings, violence affects partners, spouses, and family members, often resulting in significant harm. Tragically, children are frequently exposed to these traumatic events, sometimes becoming victims of abuse themselves. Adult survivors of domestic violence endure a wide range of physical and emotional scars, underscoring the urgent need for a comprehensive and effective defense strategy. Addressing this issue with the right support and legal guidance is essential for protecting victims and ensuring their safety.
A factor that I think bears mentioning is that throughout the pandemic, advocates for domestic violence victims have raised red flags about how to stay home orders, lockdowns, the closure of businesses, and social distancing mandates, in general, have contributed to increases in the rate and occurrence of domestic violence. This stands to reason. Many of us have been limited in how frequently we can leave our homes and go about our lives as we had pre-pandemic. The increased stress that we have encountered has seemingly led to an increase in the rate of domestic violence that we have been experiencing in this country.
Exploring domestic violence from a new angle
Our culture often prioritizes the victim’s perspective of domestic violence, including on our blog at the Law Office of Bryan Fagan. This focus is justified by the severe nature of domestic violence and its effects on victims and their families. However, today’s post takes a different approach. If there’s a victim of domestic violence, it means someone has either committed or been accused of family violence.
If you’re facing allegations of domestic or family violence during a child custody or divorce case, it’s crucial to address them, especially if falsely accused. While daunting, don’t ignore these claims; take proactive steps to combat them.
Instead, you are in a position where you not only can do something about those allegations, but you absolutely should do something about them. Like anything else in life, letting a problem fester typically does nothing to solve the issue. If you’re accused of family violence, it won’t resolve itself. You have to act to combat those allegations and ensure that they do not play a role in your divorce or child custody case. The first step in that process is to consider hiring an experienced family law attorney to walk with you through this process.
An attorney’s importance is magnified in situations involving domestic violence
It is always a good idea for you to consider hiring an experienced family law attorney for your divorce or child custody case. Indeed, even if you ultimately decide not to hire an attorney, given the subject some thought and then performing some critical analysis one way or another is an excellent exercise to engage in. That way, you can at least think through why you may benefit from having an attorney and why hiring an attorney may not make sense for your particular case. You may even choose to interview a handful of attorneys to gain their perspective and real-world know-how regarding this subject.
There are a few situations where I wouldn’t advise hiring an attorney for a family law case. If you’re in a divorce with minimal property and no children, handling it without an attorney might be an option. However, various circumstances could still warrant legal assistance. Generally, divorces without children or significant property entail lower risk, all else being equal.
Considering hiring an attorney is crucial in nearly every family law case. Choose a specialist in family law, as competence varies among attorneys claiming expertise in divorce or child custody. Assess their readiness to represent you diligently and competently.
Even in seemingly routine family law cases, unexpected issues can arise and complicate matters. Life’s unpredictability means what appears simple at the outset may become more complex over time. Thus, although you may initially believe you don’t need an attorney, your case could evolve to a point where legal representation becomes essential. It’s crucial to recognize these shifts. Difficulty distinguishing between circumstances likely indicates the necessity of hiring an attorney.
How to defend yourself against accusations of domestic violence
Family law cases are incredibly fact-dependent. This means that individual circumstances within your case could wind up making a significant impact on your case as a whole. When we talk about domestic violence, is a subject that can potentially impact both sides of a divorce case. Credible domestic violence accusations can impact your child visitation rights. In addition, you would probably have restricted decision-making capabilities for your kids, as well.
Texas allows no-fault divorce, easing dissolution proceedings
In addition, you can cite domestic violence as grounds for divorce. In Texas, divorces are granted on a no-fault basis. This means you don’t need to specify a reason for seeking divorce. Instead, it can be granted due to irreconcilable differences or personality conflicts. This simplifies the process compared to the past when fault grounds had to be specified, making divorce easier to obtain. Texas moved to allow no-fault grounds for divorce along with every other state in the country decades ago.
Nevertheless, divorce based on specific fault grounds remains possible. Grounds such as adultery, mental incapacity, impotence, financial wrongdoing, and domestic violence can be alleged and proven in Texas. You might wonder about the benefits of establishing a specific fault ground if divorce can be obtained without specifying a reason.
Specifying fault in divorce can impact property division
Specifying a fault ground for divorce can result in receiving a disproportionate share of community property during division. In Texas, all property at the time of divorce is presumed to be community-owned, regardless of whose income was used to acquire it. Generally, income earned during the marriage is considered community property.
So, receiving a disproportionate share of your community estate would be a tremendous advantage. Otherwise, judges tend to award property in divorce trials in a somewhat equitable fashion. In other words- the judge in your case would be likely to split the property down the middle absent other circumstances. For this reason, being in a position to be able to prove a fault ground for divorce can be a significant factor in a divorce case. Here are some ideas of mine on how to defend yourself if accused of domestic violence.
Were you defending yourself?
Sometimes you may be able to argue that you were responding to a physical attack against you by your spouse. Domestic disputes are sometimes two-sided affairs. You may have been accused of domestic violence only after being assaulted or battered yourself. Verbal abuse, vulgar language, instigating behavior, and violence itself are all possible events that could have preceded the incident that ultimately brought the allegations against you. The specific circumstances that led to this incident need to be examined closely by you and your attorney to determine whether or not there will be any possible defenses that can be alleged.
The history of your relationship with your spouse may be put into the record as well. This is true, especially if the opposing attorney is attempting to allege that your actions have caused a great degree of distress for your child and your spouse. An ongoing threat of physical problems in your home evidences a state of mind; it can be argued that you cannot be trusted with decision-making for your child or their well-being. However, if you can display that you were acting in self-defense, then you have a chance to overcome this allegation. The difficulty is being able to produce evidence showing that self-defensive actions occurred.
What evidence can your spouse produce?
The other side of the above issue is arguing that your spouse cannot prove that you abused them. Like many issues in a divorce, your spouse may be basing their allegations on their word versus theirs. In some instances, your spouse may be encouraged by their attorney to act offensively at the beginning of a divorce to get you on your heels. You may react defensively and then concede points to them early and often. Their bluff may gain them points within the divorce.
Physical evidence would be the most straightforward kind of evidence for your spouse to produce. Bruising, hospital records, video evidence, or voice recordings are critical when making domestic abuse allegations. As we mentioned earlier, your spouse may be relying on circumstantial evidence or even potential testimony from favorable witnesses to try and piece together allegations of domestic violence. This is not the fairest way to play a case, but if your spouse has an avenue to make an argument like this, they may choose to drive their car right down the road.
It could be critical for you to show that they have made allegations like this before and that they have all been unfounded. You may not be in a position to be able to do this, but you can begin to poke holes in your spouse’s arguments by requesting evidence to be produced during the discovery phase of the case. This may allow you to understand what evidence they intend to use against you later on in a case.
You didn’t do anything wrong
Did you commit an act of domestic violence against your spouse? This is the ultimate question that a family court judge would be most concerned with. Again, these acts of domestic violence could display an inability to act responsibly and make decisions in general care for your family. This will impact childcare city determinations; he may even determine whether or not supervised visitation is necessary between you and your children, at least for some time.
With that being said, being innocent of the allegations made against you is probably the most critical defense they could provide. Mitigating circumstances can only get you so far. However, being able to tell a judge or produce evidence that you did not commit these alleged acts can be worth their weight in gold. That may require you to have eyewitness testimony directly contradicting the potential argument of your spouse. This can become problematic as some people may be unwilling to testify against your spouse if she is a close friend or family member.
To be able to counter arguments of domestic violence, you must be prepared
above all else, you must have strategies in place to counter arguments of domestic violence in your family law case. The fact that your spouse even made allegations against you can tend to linger within a family law case to the point where yours becomes a domestic violence case when that is not fair. By providing evidence to the contrary within the case early and often, you may be able to beat your spouse to the punch when it comes to making these types of arguments.
Seek experienced legal counsel to combat domestic violence allegations
However, as we talked about at the beginning of this blog post, this type of planning typically requires these systems of an attorney. Regardless of their validity, domestic violence allegations demand diligence and intentionality in combatting them. An inexperienced family law attorney, familiar with such situations, can assist you in preparing a defense tailored to your case’s circumstances.
While there is no guarantee, they have an attorney who will allow you to succeed in this regard; you can counter the arguments better. We have already seen how these types of allegations can impact the entirety of your case. It is simply too much of a risk for you to go without an attorney in the case where domestic violence is at issue.
Share domestic violence allegations with your attorney for defense
The other issue that I think bears mentioning when we are talking about domestic violence is that it would be understandable for you not to be all that excited about sharing information like this with your attorney. Even if you did not commit the alleged acts, even sharing with your attorney that this kind of allegation may be coming at some point could be enough to keep you quiet.
However, above all else, you need to be honest with your attorney. Your lawyer relies on you for information, even when it’s not favorable to you. It’s sort of like when you were a kid, and you got yourself into trouble. If he didn’t tell an adult about your situation, there is no way that they could help you. Your attorney plays a similar role in a case involving domestic violence. They can’t help you if they don’t know that you’re in trouble. Eventually, this information will come to light. Whether or not it is sooner rather than later depends on how willing you are to share information with your lawyer.
Conclusion
Addressing domestic violence requires a comprehensive approach that emphasizes a strong defense strategy and proactive solutions. Recognizing its profound impact, communities work together to create safer environments for all. Providing support, prevention, and intervention measures is essential to breaking the cycle of abuse. By collaborating across legal, social, and psychological sectors, we can work toward a future where individuals live free from fear and harm, ensuring long-term safety and well-being for everyone involved.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are an excellent way for you to learn about the world of Texas family law and how your family circumstances may be impacted by the filing of a divorce or child custody case.
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Other Articles you may be interested in:
- Domestic Violence in Child Custody Cases: How Will Your Judge View This Issue?
- How Long Do Domestic Violence Protective Orders Last?
- Domestic Violence: Your Safety Plan
- CPS and how The Law Office of Bryan Fagan, PLLC can help
- Child Custody Basics in Texas
- Texas Child Visitation Modification
- 10 Quick Tips About Parental Visitation
- Texas Parental Visitation – Texas Standard Possession Orders in Harris and Montgomery County, Texas – Part 1
- Supervised Visitation in a Texas Divorce: Can it happen to me?
- Texas Parental Relocation
- Geographic Restrictions in Child Visitation Orders in Texas
- What is the Statute of Limitations?
Frequently Asked Questions
Texas treats domestic violence cases seriously, addressing them through the criminal justice system. The accused may face misdemeanor or felony charges based on the offense’s severity. If you are a victim, it’s crucial to report the abuse and seek help from law enforcement or support organizations.
Texas law allows individuals to use force, including deadly force, to protect themselves or others from imminent harm or danger. However, the force used must be proportionate to the threat faced. It’s essential to understand the specific self-defense laws in Texas to ensure you act within the legal boundaries.
In Texas, the statute of limitations for domestic violence varies depending on the specific charge. Generally, felony domestic violence cases have a longer statute of limitations than misdemeanor cases. It’s essential to consult with a legal professional to understand the specific time limits for your case.
In Texas, the decision to withdraw a domestic violence case rests with the prosecuting attorney, not the victim. Once charges have been filed, the victim may have limited influence over the case’s progression. However, the victim can cooperate with the prosecution or seek a protective order for added safety.
