Texas courts apply the “best interest of the child” standard when making decisions about conservatorship and possession of or access to a child. Evidence of a history or pattern of family violence can be a key factor in determining conservatorship and visitation arrangements. This includes whether visitation should be restricted or supervised. For parents facing these allegations in Travis County, understanding how the criminal and family court systems interact is key. At the Law Office of David Reed, our domestic violence defense attorney offers expertise in navigating the legal system. Here’s more information on the impact of domestic violence allegations on child custody in Travis County:
Texas Law on Family Violence
Family violence encompasses physical acts against a household or family member intended to cause bodily harm or injury; it also addresses threats that place a person in reasonable fear of imminent physical harm. The definition is broad enough to include conduct ranging from physical assault to stalking and digital harassment. Most criminal cases involving family violence are prosecuted under penal codes, such as the general assault statute.
Because of the relationship between the parties, an assault may be prosecuted as an offense involving family violence under Texas law; this results in enhanced criminal penalties in certain circumstances. A first-time conviction is a Class A misdemeanor, punishable by up to one year in county jail. If a prior family violence conviction exists, the same conduct becomes a third-degree felony, punishable by two to ten years in state prison.
One charge that receives particular scrutiny in Travis County is assault by strangulation; this offense is classified as a third-degree felony. No visible injury is required, and only a credible allegation of pressure to the neck is legally sufficient for prosecution. At the Law Office of David Reed, our domestic violence defense attorney helps navigate the court system to get justice for any crime involving family violence.
Custody Rights on Family Violence
A family violence finding significantly affects how a Texas family court approaches conservatorship and visitation. Under the Texas Family Code, credible evidence of a history or pattern of family violence, child neglect, or physical or sexual abuse triggers statutory presumptions that affect conservatorship and possession decisions. In certain circumstances, the law creates a rebuttable presumption against appointing the parent as sole managing conservator. Texas law also establishes a rebuttable presumption against unsupervised visitation when the statutory requirements are met.
Protective Orders on Parenting Access
Travis County courts routinely issue Emergency Protective Orders (EPOs) at the time of arrest in family violence cases. These orders prohibit any contact between the accused and the alleged victim, and they extend to restricting contact with children in the household. A parent subject to an EPO may be temporarily barred from seeing their child, even before the underlying criminal case is resolved.
Violating a protective order in Travis County often results in immediate bond revocation. It can also lead to additional criminal charges. Violations of protective orders become part of the evidentiary record in family court, further undermining a parent’s position. If a parent needs to communicate about children or parenting arrangements while a protective order is in place, that communication must go through legal counsel.
No-Drop Policy and Its Effects
Travis County’s District Attorney’s Office follows a no-drop approach to family violence prosecutions. Once law enforcement makes an arrest, the criminal case belongs to the State of Texas, not the individual who made the initial report. An alleged victim has no authority to end the prosecution. The prosecutors regularly proceed using 911 recordings, body camera footage, photographs, and initial police reports, even when the reporting party later recants or declines to cooperate.
Use a Domestic Violence Defense Attorney
Because family violence allegations can affect family court proceedings, the quality of legal representation is key. A skilled defense attorney examines the strength of the state’s evidence, identifies constitutional problems with the arrest or investigation, and coordinates any victim affidavits through proper legal channels. For parents navigating both a criminal charge and a custody dispute, an attorney helps fight for your rights. Contact the Law Office of David Reed today to learn more about their benefits and services.