Domestic abuse is a criminal offense if it entails particular conduct that is classified as criminal by the state in which it occurs.
For example, in the state of Texas, the following acts are considered domestic abuse and can also be charged as crimes under the state’s domestic abuse laws:
- Sexual Assault;
- Criminal Mischief;
- Injury to a Child;
- Deadly Conduct
The penalty for these offenses might be severe. A first-time assault on a family member is a class A misdemeanor in Texas, with the following penalties:
- A fine of up to $4,000 or a jail term of up to one year; or
- Both the fine and the jail term
While this is a serious allegation, the penalty for other domestic violence-related offenses can be significantly worse.
For example, if a person is convicted of first-degree aggravated assault against a family member, they may face a second-degree felony conviction, which carries the following penalties:
- A fine of up to $10,000; and
- A prison sentence of at least two years and no more than twenty years.
Many offenses related to domestic violence have severe punishments, such as murder and aggravated assault. A person who has victimized a family member in the conduct of a significant offense should expect to be treated the same as any other individual charged with a serious felony.
As you can see, domestic violence is a severe issue. Even if it does not result in criminal charges, it might have other consequences on a person’s legal standing if it is reported to and substantiated by law enforcement.
Most crucially, domestic abuse can impact child custody or child visitation in a divorce procedure.
Domestic violence is one of the most common reasons for a married person to seek a divorce. During child custody and visitation hearings, domestic violence evidence is permitted and considered in all states.
Even if the abuse was not recent, it could affect custody and visitation decisions.
When a parent poses a documented risk of violence to the kid or the other parent, the court is unlikely to grant custody. The court will most likely refuse custody if a parent has a history of domestic violence or abuse.
In some cases, the court may even refuse an abusive parent-child visitation. Alternatively, they may order a third party to supervise that visitation.
It is vital to understand that courts do not automatically believe a parent’s word when they accuse the other parent of domestic violence and seek custody. Rather, the judge is looking for credible evidence of the following:
- Whether or not the alleged domestic violence was directed towards a kid or had an impact on the child, and if so, what impact it had;
- Whether the accused parent continues to endanger the child or the other parent;
- How frequent and severe any domestic violence incidents were;
- Whether or not the accused abuser has been charged criminally;
- Whether there is physical evidence of abuse, such as photos or videos, eyewitness testimony, medical records, results of child protective services investigations, and the like;
- Whether any abuse incidents were reported to the police
If a person reports a parent or other family member to the local child protective service for abuse in a household, especially if the abuse is directed at the children in the home, an investigation is likely.
The investigation could lead to the arrest of an abuser and the removal of a kid or children from the household.
Another legal ramification of domestic abuse is the issuance of emergency protection orders and temporary and permanent restraining orders, which keep an abuser away from a victim to avoid additional harm.
These are the types of orders that victims are likely to seek to protect themselves from further abuse.
They necessitate the filing of petitions, or applications, with a court, as well as the scheduling and attendance of court hearings to present evidence to warrant a judge issuing one of the many orders, whether emergency, temporary, or permanent.
Those who are the subject of the order or alleged to constitute a danger to the victim can expect to appear in court to present their case.
If an order is issued, the person who is the subject of the order must completely grasp it and obey what it directs them to do and not do. This is because violating a protective order is a criminal offense in all states, punishable by jail time and penalties.
Domestic violence can have severe implications for a family and its individual members. A history of domestic abuse is seen negatively by divorce courts, and this is something that all family members must consider seriously.