Family violence is actually a simple idea in Court. Judges do not like it.
Judges try to protect adults and children from being exposed to violence, threats of violence, or from being in a home environment that includes family violence.
Oftentimes, family violence goes unreported in an effort to “save the marriage” or “so he/she won’t lose his/her job.” This creates a difficult situation for lawyers to prove the event after time has passed and the evidence is altered or non-existent. Family violence in a divorce has a punitive effect against the perpetrator because the Court may award spousal maintenance, damages, and a disproportionate division of community property when family violence is proven by clear and convincing evidence.
In a custody matter in a divorce or non-divorce matter, family violence proven by clear and convincing evidence may result in sole managing conservatorship, supervised visitation, and a no-contact order or protective order.
For more information on strategies and legal options when faced with a violent spouse, call The Barrera Law Firm, PC at (956) 428-2822 and ask for a free consultation with an attorney or contact us online.