Will the Judge Care About Family Violence in my Divorce or Custody Case?

by Ricardo A. Barrera

Will the Judge Care About Family Violence in my Divorce or Custody Case_

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.

ABOUT THE AUTHOR

Ricardo. A. Barrera

Ricardo Alonzo Barrera is the Managing Attorney at Barrera Law Firm and has practiced law since 2010. His experience includes family law, probate, personal injury, healthcare, and complex civil litigation. He earned his law degree from Texas Tech University School of Law and has also served as a legal correspondent and educator within the legal community.

RELATED PUBLICATIONS

CONTACT US

for your FREE consultation

An attorney will evaluate
your claim.

SUBSCRIBE TO OUR
NEWSLETTER