A conviction for
domestic violence in Texas can raise a variety of questions for those convicted, especially
when it comes to child custody disputes.
When it comes to child custody proceedings, domestic violence is always
a factor when determining primary custody and visitation. Depending on
the seriousness and circumstances of the crime, a conviction can potentially
affect the outcome in a significant way.
In Texas, domestic violence is defined as an act committed by a family
member which causes or intends to cause immediate physical harm or assault
on another family member. Even mental abuse, such as threats, can also
be considered as domestic violence.
Unfortunately, Texas family court is prohibited from granting a joint conservatorship
if domestic violence exists between the parents or a child. Furthermore,
if one of the parents has a history of family or sexual violence in the
previous two years, child custody is also denied. Even just one episode
of domestic violence establishes a history of violence and can substantially
impact the results of a custody battle.
The following are a few factors the court uses to decide whether a parent
may receive full or partial custody of a child:
- The best interest of the child – emotionally and physically
- Whether visitation from a parent with a domestic violence conviction would
be best for the child
- How custody arrangements would protect the child
- If visitation should be supervised or not
Depending on the severity and frequency of domestic violence, visitation
is typically an option for parents who are unable to obtain full custody.
However, a domestic violence conviction can sometimes result in termination
of parental rights altogether. In these situations, having a Houston criminal
defense attorney can help.
If you have been charged with domestic violence in Texas,
contact the Law Office of Jason Luong, PLLC and request a
free consultation today.