Understanding the Legal Definition of Family Violence
In Texas, family violence is taken extremely seriously. It’s not just limited to physical assault—it encompasses a broad range of behaviors that include threats, emotional abuse, and actions that endanger a person’s sense of safety. Under Texas law, family violence is defined as any act by a family or household member intended to physically harm, threaten, or abuse another family member.
At Daniel Ogbeide Law, we often see clients who don’t realize that psychological manipulation, isolation, and verbal threats may also meet the threshold for legal action in family court. Recognizing what constitutes family violence is the first step toward seeking protection and building a stronger legal case in matters of child custody, visitation, and even property division.
How Family Violence Impacts Protective Orders
When family violence occurs, the court may issue a protective order to restrict the abuser’s actions. These orders can include prohibiting contact, mandating that the accused leave a shared home, or even surrendering firearms. Violating a protective order in Texas is a criminal offense and may lead to arrest.
We work closely with survivors to help them petition for these protective measures, ensuring their safety and the safety of their children. Our family law attorney in Houston acts quickly, navigating the court system and securing protection in urgent situations. If you’re unsure whether your situation qualifies, we’re here to help assess your legal options discreetly and compassionately.
Family Violence and Custody Decisions
Family violence has a direct and significant effect on child custody and visitation outcomes. Texas courts prioritize the best interests of the child, and evidence of abuse—physical, emotional, or psychological—can heavily influence the court’s decisions.
The court may:
- Award sole managing conservatorship to the non-abusive parent.
- Order supervised visitation for the abusive parent.
- Restrict or terminate parental rights if the abuse is severe or ongoing.
As experienced child custody lawyers, we build strong cases that protect both parent and child. If a protective order is already in place, or if the court finds a history of family violence, the judge may assume it is not in the child’s best interest to have unsupervised contact with the abusive parent.
Divorce Timelines Can Shift Due to Family Violence
Texas requires a 60-day waiting period after filing for divorce. However, if family violence is present, courts may waive this waiting period and expedite the case to protect the safety of those involved.
Our role as your divorce attorney in Houston includes making the court aware of any abuse and filing the necessary motions to fast-track protective actions. Additionally, we help you gather and present credible evidence—including police reports, witness testimony, or medical documentation—that supports your claim.
The Role of CPS and the Courts
In some cases, Child Protective Services (CPS) may become involved, particularly if the abuse is directed toward or witnessed by a child. CPS investigations can impact your case significantly, especially in custody hearings. Our team includes skilled CPS attorneys who know how to guide families through these complex and emotionally charged interactions.
CPS outcomes can either support your case or, if mishandled, create unnecessary obstacles. That’s why it’s critical to have family law and litigation attorneys on your side to protect your parental rights while ensuring your child’s welfare remains the top priority.
Common Misunderstandings About Family Violence
Many people assume family violence has to involve physical harm—but that’s not true. Threats, financial control, intimidation, and stalking behaviors may also qualify. Others mistakenly believe they must press charges or have a police report to seek protection. While evidence is always helpful, it’s not always required to begin legal proceedings.
If you’re unsure whether your experience qualifies under Texas law, speak with our family court lawyers. We’ll walk you through every detail and offer options based on the specifics of your situation.
Protecting Your Rights in Court
When facing accusations or seeking protection in family court, legal representation is vital. Allegations of family violence affect your reputation, your rights as a parent, and the outcome of any custody or divorce dispute. Whether you are a victim seeking safety or someone wrongly accused, having an experienced contested divorce attorney or enforcement attorney by your side can make all the difference.
We take a thorough, strategic approach to every case—because we know your future depends on it. At Daniel Ogbeide Law, we combine legal experience with a commitment to our clients’ safety and dignity.
We’re Here to Help You Take the Next Step
Family violence can derail your life—but you don’t have to face it alone. At Daniel Ogbeide Law, we help you understand your legal options and move forward with strength and support. Whether you need a protective order, help with custody, or fast action on your divorce, we’re here to act in your best interests—today and in the long term.
Need Legal Support Today?
Family violence is serious, and you don’t have to face it alone. At Daniel Ogbeide Law, our dedicated family law attorneys and experienced CPS lawyers in Houston are here to help you take immediate, protective steps. Whether you need guidance, advocacy, or legal action—we’ll stand by you every step of the way.
Reach out to us today for a confidential consultation.