When domestic violence allegations surface during a divorce, they can quickly become one of the most important factors in a custody decision. These allegations can put your parental rights at risk.
At Harrell & Paulson in Kaufman and Heath, Texas, we know how the courts handle these claims and what it takes to protect both you and your children. We work closely with our clients to present their side clearly and lawfully, whether they're the ones facing allegations or seeking protection.
We understand how emotional, painful, and high-stakes these situations can be. Read on for more information about how these charges can impact custody.
How Courts View Domestic Violence in Custody Cases
Judges treat domestic violence as a serious issue when making custody decisions. If one parent has been accused or convicted of abuse, the court may view that parent as a threat to the child’s well-being and limit or even deny custody or visitation.
In many states, a conviction for domestic violence creates a rebuttable presumption that the offending parent shouldn’t have joint or sole custody. This means the burden shifts to that parent to prove that granting custody would still be in the child’s best interest.
Because of this, domestic violence allegations can dramatically shift the balance of a custody dispute.
The Impact of Protective Orders
Protective orders, often called restraining orders, are common in cases involving domestic violence. These orders can restrict contact between the accused parent and the other parent or child, even before custody is officially decided.
If a protective order is in place, the court may be more likely to limit parenting time or require supervised visitation. Courts want to keep children safe, and the existence of a protective order can heavily influence custody outcomes.
The court will consider not just the allegations, but whether a judge previously found those allegations credible enough to issue an order.
Impact on Legal and Physical Custody Rights
Domestic violence charges can affect both legal custody (decision-making authority) and physical custody (where the child lives). A parent found to have committed abuse may lose the right to make decisions about the child’s health, education, and welfare.
They may also be denied overnight visitation or even unsupervised time with the child. Judges may require parenting classes, counseling, or other steps before restoring any custody rights.
This loss of custody is rarely permanent but can take time to reverse, depending on the facts and court orders involved.
Evidence Considered by the Court
When deciding how domestic violence affects custody, the court will review many forms of evidence. The more credible and detailed the evidence, the more likely it is to affect the outcome of the case.
Some important types of evidence the court might review include:
Police reports: Official documentation of domestic incidents can provide a factual foundation for the court to consider.
Medical records: Evidence of injuries or hospital visits may be used to confirm the severity of abuse.
Photographs and text messages: Visual proof or communication showing threats or violence can strengthen a custody argument.
Eyewitness testimony: Statements from neighbors, family, or friends who witnessed abuse can also support claims.
Prior court findings: If another court previously ruled on an abuse claim, those findings may carry significant weight.
All of this evidence helps the court determine how to keep the child safe while maintaining fairness to both parents.
Allegations Versus Convictions
Even if domestic violence charges haven’t led to a conviction, the court can still take the accusations seriously. Family courts use a "preponderance of the evidence" standard, which is lower than the criminal standard of "beyond a reasonable doubt."
This means that even if someone is found not guilty in a criminal case, they could still lose custody in family court if the judge believes the abuse likely happened. This creates challenges for a parent trying to maintain custody while facing unproven allegations.
Because of this lower burden of proof, allegations alone can be very impactful.
False Allegations and Their Consequences
In contentious divorces, some individuals may make false claims of abuse to gain leverage in custody battles. Courts recognize that this happens and will examine the evidence closely to determine whether the claims are truthful.
If it turns out that one parent made false allegations, the accusing parent may lose credibility and face reduced custody themselves. Judges frown upon manipulation of the legal system and may issue sanctions or modify orders to reflect the damage caused.
This potential for misuse makes it important to handle any accusation with legal care and accuracy.
How Domestic Violence Affects Parenting Plans
Courts use parenting plans to outline how custody, visitation, and decision-making will be handled. When domestic violence is part of the case, judges may implement stricter rules or add safety measures to the plan.
Some parenting plan modifications courts might impose include:
Supervised visitation: A third party or visitation center oversees parenting time to keep the child safe.
Neutral exchange locations: Parents meet at a public or secure location to hand off the child.
No overnight stays: Judges may prohibit overnight visits until the court feels the child is safe.
Mandatory counseling: Offending parents may be required to attend therapy or anger management.
Communication restrictions: Direct contact between the parents may be limited to reduce conflict.
These types of restrictions reflect the court’s desire to balance parental rights with the child’s safety.
Steps a Parent Can Take to Protect Their Rights
Parents facing domestic violence allegations have a right to defend themselves and protect their relationships with their children. It’s important to act quickly and deliberately if custody is at risk.
To strengthen your position in a custody case, consider these important actions:
Hire an experienced divorce attorney: Legal counsel can help you understand your rights and build a defense.
Gather evidence: Collect texts, emails, videos, or witness statements that support your side.
Follow court orders: Obeying temporary orders or protective measures shows the court that you’re cooperative.
Attend all hearings: Missing a hearing can hurt your case and show a lack of concern.
Seek counseling: Voluntarily entering therapy can reflect a willingness to grow and address problems.
These steps help build credibility and may influence a judge to allow more custody rights.
Balancing Parental Rights and Child Safety
Courts aim to protect children above all else, but they also recognize the importance of a child having relationships with both parents. This balancing act can be especially difficult in cases involving domestic violence.
Judges try to avoid exposing children to harm while also promoting emotional stability. This is why even parents accused of abuse may still be allowed supervised contact or restricted visitation.
Striking this balance is what makes custody decisions in these cases so challenging.
Modification of Custody Orders Over Time
Custody orders can change over time, especially if the circumstances surrounding domestic violence improve. A parent may regain more rights by completing court-ordered counseling, avoiding further incidents, or demonstrating stability.
On the other hand, if violence continues or new incidents arise, a judge may further restrict or terminate visitation. This makes post-divorce conduct extremely important in shaping future custody outcomes.
A divorce attorney can help you revisit the terms of your order when conditions change.
Preparing for a Custody Hearing Involving Domestic Violence
If your custody case is headed to court, preparation is essential. The judge will want to see clear, organized information to help make a decision that protects the child and respects both parents' rights.
You should review your timeline, gather all relevant evidence, and be ready to answer difficult questions. Witnesses, written documentation, and expert input may all help strengthen your case.
Your divorce attorney can help you know what to expect and how to present your case effectively.
Speak With a Divorce Attorney Today
If domestic violence is playing a role in your custody case, you need a divorce attorney you can trust. These cases are complicated, emotional, and can have lasting consequences for your family. Our firm serves clients throughout Kaufman, Heath, Forney, Terrell, and Rockwall. Contact us at Harrell & Paulson for a consultation with an experienced divorce attorney.
