Do I need a criminal conviction for domestic violence to lose custody?

No. A Texas family court judge can make a " finding of family violence " based on the evidence presented in the custody case alone, even without a criminal conviction. This finding is enough to trigger the legal presumption against you.

What if the other parent and I agree on custody, despite a past incident?

While judges in Harris County often approve agreements made between parents, they are not required to do so if they believe the agreement is not in the child's best interest. A history of family violence is a major red flag that could cause a judge to reject an agreement.

Can I get my rights back after a domestic violence finding?

It is very difficult, but not impossible, to rebut the presumption or later modify an order. It typically requires showing significant rehabilitation, such as completing a Battering Intervention and Prevention Program (BIPP), therapy, and maintaining a clean record over a long period. Understanding the statute of limitations for domestic violence charges is also important if prior charges are still pending.

What if the domestic violence allegations are false?

If you are facing false allegations in a Houston custody case, it is critical to present evidence to challenge them. This can include witness testimony, text messages, emails, and other proof that contradicts the accuser's claims. An experienced attorney is essential to effectively fight false allegations.

Blog Category: Assault Family Member

How a Domestic Violence Conviction Affects Child Custody in Texas

Domestic Violence and Child Custody: The Stakes Are High in Harris County When parents separate, determining child custody is one of the most emotional and critical aspects of the process. In Texas, all custody decisions are guided by one primary principle: the best interest of the child. However, when an allegation or conviction of domestic […]

How Does a Protective Order Change Your Life in Texas?

If you have been served with a protective order in a Texas domestic violence case, the consequences go well beyond being told to stay away from a specific person. A protective order can remove you from your home, restrict your contact with your children, cost you your job, end your right to own a firearm, […]

Can a Family Violence Protective Order Affect Firearm Possession Rights in Texas?

Simply being accused of family violence in Texas can have a big impact on your life, especially if you possess or intend to purchase a firearm. Despite the Second Amendment, there are circumstances in which a U.S. citizen is not allowed to bear arms. If a loved one has gone to court and obtained a […]

Can I Return Home After a Domestic Violence Charge?

In 2014, there were over 185,000 family violence incidents reported in Texas. But a domestic violence charge is not always black and white, and can be incredibly complicated. It is not uncommon for false claims to be made out of anger or spite, and with a “zero tolerance” approach to domestic violence in Texas, these […]

Will I Get Jail Time For Domestic Violence Charges?

Texas law approaches domestic violence with a very serious tone. Can you get jail time for domestic violence? The short answer is yes — if there is any evidence, credible or not, of bodily injury then the alleged offender will be arrested and booked. Understanding the steps that lead to domestic violence charges in Houston […]

Is It Possible for an Alleged Victim to Drop Charges for Assault on Family Member in Houston?

Both the defendant and alleged victim involved in an assault on family member charge may ask the same question: “Can a victim drop charges for assault on family member?” The answer is dependent on a number of circumstances: These circumstances, along with the influence of the court and assault on family member attorney, will dictate […]

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Blog Category: Assault Family Member

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