Family Crimes come in various forms such as actual physical assaults, drug offenses, and child abuse allegations which tend to be the most frequent.  No surprise, when a crime involves a family member these types of cases often involve Child Protective Services and a Divorce Action.  

While Family Crimes carry specific consequences under the Texas Penal Code, they also trigger provisions within the Texas Family Code that can limit a parent’s involvment with their children.  

How a family violence can impact your Texas Divorce or Child Custody Case depends on whether you are the alleged perpetrator of the violence or the victim.  Clearly, if you are accused of committing family violence you will need an experienced Family Violence Lawyer to help defend against these actions and to strategically advise you on the proper steps to take to mitigate and avoid the adverse effects of a family violence allegation.  

It is also important that if you have been the victim of an assault or other family crime that you consult with an Experienced Family Violence Lawyer to understand how to preserve evidence retlating to this claim and to protect yourself from future assaults and injuries.  Our Family Violence Lawyers can help you file a pursue a Protective Order prohibiting the perpetrator from entering your residence or coming with in a certain distance of your work or any location where you are likely to be.

The strategic Family Violence Lawyers at Nick Davis Law with offices in  The Woodlands | Magnolia | Conroe, Texas and Bryan | College Station can help prepare and defend against Domestic Violence Claims.  

Nick Davis Law offers all prospective Family Violence clients a Free Case Evaluation by phone or virtual conference as well as payment plans.  Contact our office at (936) 262-7474 if you are in need of a Family Violence Lawyer for a case in Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington & Surrounding Texas Counties.

4 Ways A Victim of Family Violence Can Destroy their Case in a Divorce or Child Custody Suit

• Failing to Preserve Evidence:  After a Domestic Violence altercation there will be some evidence.  Perhaps you will have bruises, cuts, scratches, or other physical injuries.  Take pictures.  There may also be broken items or other damage at the location of the incident.  Again, take pictures.  Lastly, the perpetrator will possible text you an apology or some form of justification for the assault.  Save these as well.  This doesn’t mean you have to decide right away that you intend to use the evidence and move forward with terminating the relationship (although if it is a serious Domestic Violence Allegation, you probably should) however, you need to have the option to do so.  All too often Domestic Violence Allegations are nothing more than a he said / she said contest in court without any underlying evidence to support the allegations.  In these circumstances, you are not likely to get far with your allegations unless you have a skilled trial attorney that knows how to present family violence allegations without supporting evidence.
• Lying to the Police:  Often times the police are called out to investigate a Domestic Violence allegation.  Perhaps you or someone in the home called or a neighbor.  When the police arrive they will separate the parties and compare stories and look for signs of an altercation.  Many times the victim will lie to the police or refuse to volunteer information to keep the spouse from getting into trouble.  Refusing to give any information is one thing, but lying is another.  If the victim makes up a story about injuries it hurts the chances of presenting a different story in court later when the victim decides to now “tell the truth.”  This will hurt credibility and it may be very easy for the perpetrator’s attorney to make you look dishonest during cross examination.  Also, don’t make the mistake of telling the truth to the police and then calling the detective back days or weeks later and altering your story.  This won’t exactly kill your ability to use the Domestic Violence allegations later, but it will hurt credibility. 
• Continuing to Reside with the Perpetrator:  If a domestic violence altercation happens and you continue to reside with the perpetrator you are taking a big risk.  First of all, you may be putting yourself in physical danger as an abusive person is not likely to never engage in physical violence again.  Additionally, there are time sensitive provisions in the family code that could give you a significant advantage in a Divorce seeking Spousal Maintenance or in a Child Custody Lawsuit.  Normally, the family code prohibits naming the parents as Joint Managing Conservators a history of family violence has occurred in the past 2 years.  If you don’t file within 2 years, this doesn’t mean that you won’t be named as the sole managing conservator but it’s not automatic and will require more litigation and expense.
• Failing to Take Action if you Have Children:  Anytime family violence occurs and there are children within the household, it is a very delicate situation.  If this is ever disclosed to a professional or a school official, CPS may get involved.  When this happens, CPS will want to know what actions were taken to protect the children.  Usually, there isn’t any explanation the victim can give to CPS apart from “I filed for Divorce” or “I took the children away and requested a protective order.”  If CPS gets wind of Domestic Violence and you have children, be prepared to file for divorce or seek a protective order quickly otherwise, a CPS case can be opened up against both the perpetrator for abuse and you for neglect.  

Other Topics of Interest for Domestic Violence Cases

• What Happens if You are Accused of Family Violence?
• Protective Orders, What are they?
• Fighting the Protective Order Application.
• Can I look at My Spouse’s Emails?
• Recording Your Spouse, is it Legal?

To Learn More about how we can help pursue or defend against Domestic Violence allegations in Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington & Surrounding Counties contact our experienced Texas Family Violence Lawyers in The Woodlands | Magnolia | Conroe, TX and Bryan | College Station to develop a strategy for success.