Is domestic violence affecting your family law case in Austin, Texas? You need a family law attorney in your corner who understands how these issues shape the outcome of your case.
Ben Carrasco is a board-certified family law attorney with 18 years of experience handling contested cases in Austin and throughout Central Texas. His board certification from the Texas Board of Legal Specialization is a distinction earned by less than one percent of all licensed attorneys in the state. When the stakes are this high, that level of qualification matters.
Contact the Law Office of Ben Carrasco: Austin Family Law & Divorce Lawyer today at (512) 320-9126 to schedule a consultation. Our Austin domestic violence lawyer is ready to get to work for you immediately.
Domestic violence does not exist in a vacuum when it comes to family law. It touches nearly every issue a court must decide, from custody and visitation to property division and spousal support. Handling these cases requires an attorney who can litigate aggressively while navigating sensitive circumstances.
Ben Carrasco focuses exclusively on family law litigation, and our practice is built around high-conflict cases. He personally directs every case his firm takes on, which means you will never be handed off to someone unfamiliar with your situation.
Our award-winning Austin family lawyer can help you by:
Every domestic violence family law case is different. Contact our law offices in Austin, TX, today so we can evaluate the specifics of your situation and outline a strategy tailored to your goals.
Texas law defines family violence broadly under the Texas Family Code. It goes well beyond physical assault. A person can be found to have committed family violence based on threats alone if those threats reasonably placed the other person in fear of bodily harm.
Conduct that qualifies as family violence in Texas includes:
Our experienced domestic violence attorney in Austin can help you present the best possible case on either side of a claim.
A protective order is a court-issued directive that establishes legally enforceable boundaries between you and the person who committed or threatened violence. In Texas, there is no filing fee to request a protective order in a family violence case under state law.
If granted, a protective order can:
A final protective order can remain in effect for up to two years, with the possibility of extension. Violating a protective order is a criminal offense in Texas, which means law enforcement can arrest the individual on the spot if they breach its terms.
Family violence carries enormous weight in Texas family courts. Judges are required to consider it when making decisions about conservatorship, possession, and the division of property.
Under Texas Family Code § 153.004, a court is prohibited from appointing the parents as joint managing conservators if credible evidence shows that one parent has engaged in family violence.
This means that a finding of domestic violence can result in one parent receiving sole managing conservatorship. Meanwhile, the other parent’s access to the children is significantly restricted or supervised.
Texas is a community property state, but courts are not required to split assets evenly. A judge can order a disproportionate division of property in favor of the spouse who was subjected to abuse. Documented family violence is one of several factors the court may weigh when deciding what qualifies as a “just and right” division.
Family violence is also relevant to spousal maintenance determinations. If one spouse was convicted of or received deferred adjudication for an offense involving family violence within two years of the divorce filing, the other spouse may be eligible for court-ordered maintenance even if they would not otherwise qualify.
Domestic violence changes everything about a family law case in Texas. Regardless of whether you are seeking protection or responding to allegations, the decisions made now will shape your future and your children’s future for years to come. Ben Carrasco has spent 18 years litigating exactly these kinds of contested family law matters in Austin and Central Texas courts.
Contact the Law Office of Ben Carrasco: Austin Family Law & Divorce Lawyer today for a consultation with an Austin domestic violence attorney.
We live by our commitment to zealous advocacy and are passionate about your case. Whether you need assistance with a high-conflict divorce or a custody modification, our smart and responsive approach is designed to yield a positive outcome for you. Don’t hesitate to reach out.
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