How a Domestic Violence Conviction Affects Child Custody in Texas How a Domestic Violence Conviction Affects Child Custody in Texas

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How a Domestic Violence Conviction Affects Child Custody in Texas

Facing domestic assault charges in Texas can be overwhelming, especially as you consider how the outcome could affect your future. An assault or family violence conviction may lead to jail time, costly fines, and a criminal record. If you’re a parent, having an assault against the family conviction on your record may limit your custodial or visitation rights. If you’re facing assault charges in Pearland, Brazoria County, or the surrounding area, you should contact a skilled criminal defense attorney right away to keep your future as bright as possible.

Defining Family Violence and Assault Charges in Texas

Under Texas state law, a person commits an assaultive offense if they threaten or cause bodily harm to another person either intentionally, knowingly, or recklessly. Most simple assault cases are considered Class A misdemeanors, but the charges can elevate to a felony. Title 4, Section 71.004 of the Texas Family Code defines family violence as “an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault.” Threats of imminent harm may also constitute family violence.

Family Violence Can Negatively Impact Your Child Custody Rights

When the family court determines child custody arrangements, the judge decides whether to award sole or joint conservatorship (the legal authority to make decisions relating to the child) and possession (physical custody and visitation rights). If one parent has a history of family violence—even an isolated incident—the judge may not award custody rights to that parent. You may be allowed to maintain visitation rights, but the court may also mandate that these visits be supervised. In some cases, the judge may even suspend or terminate visitation rights after a parent has been convicted of a domestic violence or assaultive offense.

How a Skilled Pearland Criminal Defense Lawyer Can Help

Navigating the Texas criminal justice system is overwhelming enough. Remember that you don’t have to go through this challenging process alone—having a trusted criminal defense lawyer in your corner can give you the courage you need to face the future. Your attorney will assess every detail of your case and help you determine the best path forward.


If you are currently facing family violence or assault charges in the Pearland or Houston area, call the Law Offices of Keith G. Allen, PLLC today at (832) 230-0075 to arrange a free consultation with an experienced criminal defense lawyer.

There’s no time to waste. Your defense starts with a free consultation.

Effective & reliable legal counsel throughout Pearland and Brazoria County.