Domestic Violence and Divorce

Protection from Domestic Abuse in Texas

A wide range of behaviors can be considered domestic violence. It is a common misconception that only physical abuse such as slapping, punching, and kicking is considered domestic violence. However, these are far from the only types of abuse that a spouse can occur during a marriage. Mental or emotional abuse such as intimidation, threats, humiliation, gaslighting, and manipulation are also forms of domestic violence. An abusive spouse may also attempt to control his or her partner by withholding money or not allowing the victim to get a job. Some individuals who attempt to leave an abusive relationship become victims of stalking and harassment.

If you have suffered from any type of abuse, you may wish to consider obtaining a family violence protective order. A protective order typically restricts an abusive partner from contacting or coming within a certain distance of a victim or the victim’s children. If the subject of a protective order violates the terms of the executed order, they may face serious consequences including incarceration. In Texas, an emergency protective order may be granted on an “ex parte” basis, which means that the abusive person does not need to be notified about the order.

How Abuse Allegations Can Affect Your Divorce

Under Texas law, there are several possible “fault” grounds for divorce—including cruelty by your spouse—as well as options for “no-fault” divorce. This means that you do not necessarily need to list any fault-based reasons, that you are petitioning the court for a divorce. It also means that you will not be forced to prove that you suffered physical, mental, or emotional abuse in order to get divorced, as doing so can sometimes be extremely difficult. However, this does not mean that actual domestic violence or false accusations of domestic violence will not influence your divorce.

Texas courts take abuse allegations very seriously. Domestic violence has the potential to significantly affect arrangements for child custody, visitation, and other divorce matters. Unfortunately, some divorcing spouses will accuse the other spouse of domestic violence in an attempt to gain an advantage during a contentious divorce or to sway child custody decisions. If your spouse is accusing you of physical, mental, sexual, or financial abuse, our team is fully prepared to help you protect yourself.

Contact a Divorce Attorney in North Texas

Divorcing an abusive spouse can be very frightening and overwhelming. Fortunately, you do not have to face the divorce process alone. Get the legal guidance and protection you need by contacting our office. Call 469-906-2266 for a free consultation with a member of the team at Clark Law Group today. Our compassionate lawyers are qualified to help protect the rights of victims of domestic violence as well as those who have been unfairly accused of domestic violence. We serve clients throughout North Texas, including Dallas, University Park, Highland Park, Park Cities, North Dallas, Preston Hollow, Lakewood, Irving, Carrollton, Valley Ranch, Garland, Mesquite, Plano, McKinney, Collin County, Denton County, and Dallas County.