Family violence, also known as “domestic violence,” is one factor that can impact a Texas divorce, especially if the abuser has a protective order taken out against them, and if the abuser is convicted of family violence under the Texas Penal Code, which is typically prosecuted as assault or aggravated assault, sexual assault or aggravated sexual assault.
Family violence refers to physical abuse, threats of abuse, or sexual assault between individuals who are in a close relationship. Such relationships typically involve spouses, romantic partners, close relatives, and parents who are no longer together, but who have a child in common.
If your spouse is abusing you or your children or you and your children, you’ll be interested in learning how a protective order can impact a divorce. In many ways, it is advantageous for the abused spouse to obtain a protective order, especially as a strategy for protecting their legal and parental rights in a divorce.
Effects of a Protective Order
If you have been abused by your spouse or if your spouse has threatened to physically harm you, it is your right to petition the court for a protective order. A Texas protective order can do the following:
- Order your abuser to STOP abusing you
- Order your abuser to stay away from your home, work, your children’s school, and other places you may frequent
- Order your abuser to not harm the family pets
- Order your abuser to not have any guns or a license to carry a firearm
If a protective order is taken out against your spouse and he or she violates it, you are encouraged by the courts to report any such violations. A protective order violation can result in criminal charges, fines, and incarceration.
If you’re a victim of family violence, it’s wise to obtain a protective order for your family’s safety and for your divorce case. If there is a history of domestic violence and it can be proven through a protective order or criminal charges, or both, it may help you with issues pertaining to child custody and spousal maintenance in particular – both common concerns for family violence victims.
Whenever there is family violence, victims must strategize their divorce carefully. For a confidential consultation with a compassionate divorce lawyer, contact the Law Firm of Johnson & Gaskill PLLC.