There are serious consequences for abuse claims

On Behalf of | Jan 10, 2021 | Family Law

Many people in Rockwall and throughout the greater Dallas area may go through a divorce or other separation to escape an abusive situation.

People from all walks of life can be victims of abuse, and they should not have to tolerate it in their lives.

The Texas courts which hear conservatorship and access cases, that is, child custody and visitation matters, have authority to take steps to protect victims and children from further abusive behavior.

On the other hand, it is too often the case that one partner may exaggerate or may even make up allegations of abuse at the hands of the other partner to get an edge in a family law case.

Either way, it is important for Texans to understand the serious consequences that abuse claims can have in a custody dispute.

Courts may limit visitation rights of accused perpetrators of domestic violence

Under Texas law, if one parent can prove that, within the two years before the filing of the divorce or paternity action, the other parent engaged in what the law calls a pattern of family violence, then the judge hearing the case is not supposed to grant visits to the abusive parent.

Furthermore, the judge also will not grant any decision-making authority to the alleged perpetrator, making it very hard for that parent to have a meaningful say in the child’s life.

This law has a long reach

For one, a parent does not have to have a criminal conviction for a crime of domestic violence, or even be arrested for domestic violence, before having his or her visits revoked.  Moreover, the alleged domestic violence does not have to be against or even witnessed by the child.

While the law provides for some ways for parents who have made a mistake to maintain a relationship with their children as well, other parents may wish to vigorously fight against these sorts of allegations.

 

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