Domestic Violence Attorney in Pearland

Family Violence Under Texas Law

The Texas Family Code defines family violence as an act by a family or household member against another intended to cause physical harm, bodily injury, assault, or sexual assault, or a threat that reasonably places a person in fear of imminent physical harm. Dating violence, meaning an act of violence against a person with whom the actor has or has had a continuing romantic or intimate relationship, falls under this definition as well.

Family or household members covered under Texas law include:

• Spouses and former spouses
• Parents and children, and individuals related by blood or marriage
• Current and former roommates
• People who share a child together, regardless of whether they were ever married

Types of Protective Orders in Texas

Texas law provides three distinct protective order mechanisms, each with different timelines and triggering circumstances. Understanding which applies to your situation matters early in the process.

Temporary Ex Parte Order
A court can issue this order without notifying the other party when it finds a clear and present danger of family violence. It’s valid for up to 20 days and can be extended in additional 20-day periods while a full hearing is pending.

Magistrate’s Order for Emergency Protection
This order is typically issued following an arrest involving family violence, sexual assault, or stalking. Texas law sets its duration based on the specific circumstances of the offense.

Final Protective Order
A final protective order generally lasts up to two years. Under the Texas Family Code, courts may extend that duration when the respondent committed a felony offense involving family violence, caused serious bodily injury, or was the subject of two or more prior protective orders.

Any protective order can direct the restrained person to stop contact and harassment, stay away from the protected person’s home or workplace, and surrender firearms. Violating a protective order is a criminal offense ranging from a Class A misdemeanor to a third-degree felony, depending on the circumstances and the violator’s history.

How Family Violence Affects Custody & Divorce in Texas

A finding of family violence can affect both a custody case and a divorce. Texas law presumes joint managing conservatorship (shared parental rights and responsibilities) serves a child’s best interest, but courts can and do depart from that presumption when evidence of family violence is present. When a child has been a victim, a court may restrict the offending parent’s access, including limiting that parent to supervised visitation.

In a divorce, family violence can serve as a fault ground and can influence how the court divides marital property. There’s also a spousal maintenance consideration: if a spouse was convicted of or received deferred adjudication for a family-violence offense against the other spouse or their child within two years before the divorce filing, or while the divorce is pending, the other spouse may qualify for spousal maintenance regardless of how long the marriage lasted. That maintenance is generally capped at five years for marriages under 10 years in length. These are general legal standards; how they apply depends on the facts of your specific case.

When Domestic Violence Cases Overlap With Criminal Charges or CPS

A family violence allegation rarely stays in one legal lane. An arrest can trigger criminal charges. A protective order proceeding can run alongside a custody case. A CPS investigation can open at the same time. Each proceeding has its own process, timeline, and standards, but what happens in one can affect the others.

This is where our background in criminal law and CPS defense becomes directly relevant. We bring that experience into domestic violence and protective order matters, helping clients manage the full scope of their situation rather than addressing each piece in isolation. CPS defense is a recognized part of our family law practice, and when a protective order or family violence allegation is involved, that knowledge informs how we approach your case.