Family Violence

Understanding Family Violence in Texas

Family violence is defined broadly under Texas law to include acts by a family or household member intended to cause physical harm, bodily injury, assault or sexual assault, as well as threats that reasonably place a person in fear of imminent harm. This definition also encompasses child abuse and dating violence. In practical terms, family violence may involve physical attacks, choking, hitting, stalking, harassment, threats or destroying property. It also includes patterns of controlling behavior or coercion designed to intimidate or isolate the victim.

Because the term covers a wide range of behavior, clients may be uncertain whether a particular incident qualifies. The presence of minor children, shared housing or a dating relationship can further complicate matters. Recognizing early signs of abuse and seeking help quickly is important. Texas law offers several tools to protect victims and ensure the safety of children.

Protective Orders: What They Are and What They Do

A protective order is a court order intended to stop violence or harassment and keep victims safe. Protective orders are available when a person has experienced family violence, sexual assault, stalking, human trafficking or burglary. The order can prohibit the abuser from hurting or threatening the victim, require them to stay away from the victim’s home, workplace or children’s schools, bar them from contacting or tracking the victim, and restrict their possession of firearms. A judge may also order the abuser to move out of the shared home, pay child support, attend counseling, surrender firearms, and set specific visitation terms for children.

Protective orders come in several forms. A temporary ex parte order may be granted without notice to the abuser if there is a clear and present danger of family violence. This short‑term order typically lasts about two weeks and is intended to provide immediate protection. A final protective order is issued after a hearing where both parties can present evidence. Final orders generally last up to two years but can be extended if the court finds a serious risk of harm. In cases involving long‑term abuse, incarceration or serious bodily injury, courts may issue orders lasting longer than two years.

Who Can Seek a Protective Order

Victims of family violence, sexual assault, stalking, trafficking or burglary can seek a protective order for themselves or their children. Eligible applicants include spouses, former spouses, current or former dating partners, parents of a child together, and household or family members including parents, siblings and cohabitants. Stepparents and relatives caring for children may also request protection on the child’s behalf.

For a family violence protective order, the applicant must show that family violence occurred and is likely to occur again. Evidence might include police reports, medical records, photographs of injuries, threatening messages, witness statements or prior protective orders. For stalking or sexual assault protective orders, the petitioner must show reasonable grounds to believe the respondent committed or is likely to commit those acts. The burden of proof is civil (preponderance of the evidence), but credible testimony and documentation are crucial.

The Application Process in Austin and Travis County

The process of obtaining a protective order involves several steps that vary slightly by county. In Travis County, victims are encouraged to gather information about incidents of violence or abuse, including dates, locations, police reports, medical records, photos and any court records. The applicant must complete an application providing basic information about the parties, describing incidents of violence, identifying children involved and explaining the need for protection. An affidavit must accompany the application, in which the applicant details the abuse, threats and impact on safety.

After the application is filed, the victim can request a temporary ex parte order if there is an immediate danger. The court reviews the affidavit and, if the facts support it, grants the order without a hearing. The respondent is then served with the paperwork and temporary order. A hearing on the final protective order must occur within twenty days. At the hearing, both parties may present evidence and testimony. If the respondent cannot be served before the hearing, the court may reset the hearing or issue a re‑service order.

In Austin, the Travis County Attorney’s Office or local legal aid agencies can assist with filing protective orders. Additionally, the county law library provides forms and instructions. While it is possible to file without an attorney, legal counsel can help ensure the petition is complete, gather necessary evidence, and advocate effectively at the hearing.

Consequences of Family Violence on Custody and Divorce

Allegations or findings of family violence can have significant consequences in divorce and custody cases. Texas Family Code section 153.004 creates a rebuttable presumption that unsupervised visitation is not in a child’s best interests if there is credible evidence of a history or pattern of abuse or family violence by a parent or an individual living with that parent. Courts must consider protective orders issued within the two years preceding the case when determining whether credible evidence exists. This means that even a dated protective order can influence decisions about conservatorship and possession.

In custody disputes, courts prioritize child safety and may order supervised visitation, require completion of anger management or batterer intervention programs, or impose geographic restrictions on the abusive parent’s residence. Custody determinations in family violence cases may also involve appointing a guardian ad litem for the child or ordering a professional evaluation.

During divorce, evidence of family violence can affect property division and spousal maintenance. Although Texas is a community property state, judges divide marital property in a manner that is just and right. Evidence that one spouse wasted assets through abuse or intimidation can influence the court’s decision on an unequal division. Family violence may also support an award of temporary spousal support or spousal maintenance when the abused spouse cannot earn enough to provide for themselves.

Defending Against False or Exaggerated Allegations

Not every allegation of family violence is accurate. In high conflict divorces or custody disputes, one party may exaggerate or fabricate allegations to gain an advantage. Being accused of family violence can threaten a parent’s relationship with their child and their reputation. Our firm also represents individuals who have been falsely accused. We work to uncover the facts, contest unwarranted protective orders, and ensure that our clients’ rights are protected while maintaining focus on the children’s well‑being.

Defending against an allegation involves gathering evidence such as communications, witness statements, expert evaluations and prior court orders. Demonstrating a history of cooperative parenting, absence of violence and consistent involvement in a child’s life can help rebut a presumption of abuse.

Working with Hennan Culp: Our Approach

Handling family violence matters requires sensitivity, preparation and decisive action. At Hennan Culp, PLLC, our attorneys tailor strategies to the unique circumstances of each case. We listen carefully to our clients’ experiences, help them document incidents and advise them on safety planning. When necessary, we coordinate with counselors, shelters and law enforcement to protect victims and their children.

If the situation involves children, we work to secure orders that safeguard their physical and emotional well‑being. If our client has been accused, we provide a thorough defense and seek fair resolution. We understand the emotional strain these cases impose and strive to provide clear guidance and compassionate support.

Family violence matters often intersect with other family law issues such as divorce, child custody, child support and property division. Our comprehensive family law practice allows us to address all related issues in one cohesive strategy.

Taking the Next Step

If you are experiencing family violence or have been accused of it, taking timely action is critical to protecting yourself and your children. Contacting an experienced family law attorney is the first step. We can help you evaluate your legal options, whether that means seeking a protective order, enforcing an existing order, defending against allegations or addressing the impact of family violence on custody, visitation and property division.

At Hennan Culp, PLLC, we know how to navigate the court process and advocate for your safety and rights. Reach out today to schedule a consultation and begin moving toward a secure and stable future.