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TX family law.
Austin, TX
Viewed 67 times.
Posted 4 months ago in Divorce / Separation
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TX Family Law:
My wife sue me for family violence and wanted a divorce. I have no criminal record, non-alcoholic, and no speed tickets in the past 20 years. What is the possible outcome of the court ?
Additional information
I am seeing counselor before the court date as well. Answers (1)William H. Alberts
This attorney is licensed in Texas.
Posted 3 months ago.
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Like almost all states, Texas law allows for "no-fault" divorce. Practically, this means that regardless of how good a husband you may in fact be, your wife will be able to obtain a divorce from you. However, a proven history of family violence can play a significant role in a divorce action. If the judge finds such a history, the court could award the victimized spouse a period of post divorce support (alimony) that they may not otherwise have been eligible for, as well as award them a greater share of the community property than they might otherwise have received. If there are minor children of the marriage, a finding of family violence can significantly alter the type of conservatorship (custody) order that the court might otherwise have entered - these possible alterations include denying the perpetrator primary or even joint custody of the children, as well as the imposition of restrictions on access to and possession of the children. On proof of recent violence toward a spouse or family member, the court can issue a Family Protective Order against the violent spouse. Being the subject of a Family protective Order can have very significant impact - including orders to stay away from and not communicate with your spouse (or ex-spouse), prohibiting the possession of firearms, and required violence counseling. A Family Protective Order can last up to 2 years and thereafter be renewed under certain circumstances. Unlike most other family law orders, violation of a Family Protective order can be a crime punishable by significant jail time. In my experience, too many litigants agree to entry of a protective without really understanding all the negative effects such an order can have. If face with an Application for Family Protective Order, one should always consult an experienced attorney.
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