Family Violence, your divorce and your future

Domestic Violence and Divorce in Texas

Domestic violence can have a huge impact on a divorce in Texas, even when there are no children involved. Texas is a no fault state which means a person is entitled to a divorce by simply requesting a divorce. A person is not required to prove a reason for requesting a divorce. However, if a person can show that there was family violence during the marriage, the repercussions could be long lasting for the spouse who committed family violence.

A spouse who is the victim of family violence can seek a protective order against their spouse if that spouse has committed family violence during the marriage. If a protective order is issued against a spouse, the protective order can affect a person’s employment, ability to carry a firearm, as well as resulting in possible criminal charges. A victim of domestic violence can also request the Court to award them a disproportionate division of the community estate in their favor due to the domestic violence.
As reported last week by the Washington Post article “Love, etc.: Josh Brolin and Diane Lane divorcing,” Diane Lane filed for divorce from Josh Brolin on February 15, 2013 after eight years of marriage. In 2004, Josh Brolin was arrested for domestic battery against his Wife, Diane Lane. Ms. Lane later dropped the charges against him. However, now that Diane Lane and Josh Brolin are divorcing, time will tell if the 2004 domestic battery arrest as well as any other incidents of domestic violence will be part of their divorce proceedings.

It is common in Texas for one or both spouses to allege family violence or child abuse in a divorce. These allegations are not only fodder for your divorce attorney but can affect your life forever!

If you are convicted or even receive deferred probation for a family violence case, you can NEVER own, possess or transport a firearm (gun) or ammunition. Ever. A violation of this prohibition is a federal crime and carries federal/stiff penalties.

In addition, if you have been convicted of one crime of family violence, against a roommate or any family member, your next “allegation” of family violence is automatically a FELONY charge, no matter how minor the allegation.



10.0Katheryn H. Haywood
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