How Domestic Violence Impacts Texas Divorce Settlements

Leaving an abusive marriage is never easy. Fear, safety concerns, and money worries can pile up at the very moment you need clear answers. Since 2014, we at Jackman Law Firm have walked beside families facing these same questions, offering steady legal support and a listening ear. In this article, we break down how Texas courts treat domestic violence during divorce so you can see how the law may protect you, your children, and your finances. This material is for learning only, so reach out to a qualified attorney before acting on any point.

Defining Domestic Violence in Texas Law

Texas calls family violence any act meant to cause physical harm, bodily injury, assault, or a credible threat of harm against a family or household member. This leaves room for hits, shoves, threats with a weapon, and repeated intimidation.

“Family” and “household” reach farther than most people realize. The statutes cover:

• Blood relatives, including siblings, cousins, aunts, and uncles
• Current or former spouses
• Parents of the same child, whether they ever married or not
• Foster parents and foster children
• Roommates or anyone sharing a home
• Dating partners, even if the couple never lived together

Once abuse falls under these definitions, protective measures and divorce remedies become available through the Texas Family Code.

Domestic Violence as Grounds for Divorce in Texas

Texas offers both no-fault and fault divorces. You can file on the no-fault basis of “insupportability,” but victims often choose a fault claim of cruelty. Physical, emotional, or mental abuse all meet the cruelty standard when they make living together unbearable.

Using cruelty matters because judges may factor fault into property division and spousal maintenance. To claim cruelty, you will need evidence such as medical reports, photographs, sworn witness statements, or police records. Even if you stick with a no-fault filing, presenting that same evidence can still sway decisions on assets, parenting time, and support.

A short summary between headings keeps our flow steady, so let’s turn to timing issues next.

Expediting the Divorce Process for Domestic Violence Survivors

Texas law normally imposes a 60-day waiting period between filing and final decree. Survivors can ask the judge to waive that delay.

1. You have a current protective or restraining order against your spouse.
2. Your spouse was convicted, or received deferred adjudication, for family violence within the last two years.

If either point applies, the court may grant a faster timetable to reduce risk.

When immediate safety is a concern, you can also seek a temporary ex parte protective order. The accused abuser is not present at this first step, and the order can last up to 20 days, with extensions available. During that window, the court schedules a hearing to decide on a longer-term protective order that can remain in place for as long as two years.

Impact on Child Custody and Visitation

Texas judges must always put a child’s welfare first. A history of family violence weighs heavily against the abusive parent.

• Joint managing conservatorship is usually off the table when proof of violence exists.
• The court may refuse sole possession to a parent who abused or threatened a child within the past two years.
• The safe parent can ask for sole managing conservatorship, giving them final say on major choices like education and medical care.
• The accused parent may try to overcome the presumption by showing completed counseling, clean drug tests, and no further incidents, yet the burden is high.
• Supervised visitation, shorter visits, or exchanges in public places are common safeguards when some contact still serves the child’s interests.

Every custody order is built around the child’s needs, not the adults’ wishes, so detailed evidence becomes vital.

Property Division and Spousal Maintenance

Texas follows community property rules, which start with a roughly equal split of marital assets. Judges, however, may tilt that split when one spouse proves violent. Extra medical bills, lost wages, or the impact on a survivor’s earning power can all justify a larger award.

The same abuse can support spousal maintenance. A court may order support if the paying spouse was convicted of family violence against the other spouse or child within two years before the divorce filing or while the case is pending. This requirement overrides the usual ten-year marriage rule.

In certain situations, the survivor may also sue for personal injury damages linked to the abuse. Those damages stand apart from community property and go solely to the injured spouse.

The chart below highlights how domestic violence shifts several core divorce issues:

Domestic Violence Effects on Texas Divorce Outcomes

Protective Orders: Safeguarding Victims

A protective order commands the abuser to stop all contact, remain away from specified places, and surrender firearms. Violation is a criminal offense that may lead to arrest and jail time. In urgent cases, a “kick-out order” can force the abuser from a shared home even if both names are on the lease or deed.

Protective orders can also address temporary custody, child support, and pet safety, giving survivors a comprehensive shield while the divorce progresses.

Additional Protections for Domestic Violence Victims

Texas offers several civil safeguards that help survivors rebuild stability. These include:

• Confidentiality requests that seal your address, phone number, and employer records in court files.
• Housing rules prevent landlords from evicting or refusing to rent because a tenant faced domestic violence.
• Employment protections that bar bosses from firing workers who miss time to seek medical care, attend court, or relocate for safety.

Using these tools can ease the transition to a safer life and support your legal case at the same time.

Facing a Divorce Involving Domestic Violence? Contact Jackman Law Firm Today

Since 2014, our team has fought for parents and children whose safety was on the line. We listen, gather evidence, and press for court orders that protect your rights while pushing for fair results. Feel free to call us at 844-303-0001 or visit our website to set up a confidential consultation. You do not have to deal with abuse or divorce issues alone. Let us stand beside you from the first step to the final decree.