Attorney
Facing a domestic violence charge in Texas is frightening enough on its own—but if you are a parent, the situation can be even more devastating. In addition to criminal penalties like jail time, fines, and a permanent record, a conviction (or even an arrest) can directly impact your child custody rights in divorce or family law proceedings.
At Daniel Collins Law, we understand the high stakes involved when criminal charges intersect with family matters. Here’s what you need to know about how domestic violence allegations can affect your custody case in Texas—and why it’s critical to have an experienced defense lawyer protecting your rights from the very start.
Domestic Violence Laws in Texas
In Texas, domestic violence—legally referred to as “family violence” under the Texas Family Code—includes any act intended to cause physical harm, bodily injury, assault, or sexual assault against:
- A spouse or former spouse
- A dating partner
- A family member by blood or marriage
- A household member
- The parent of your child
Domestic violence charges can range from a Class A misdemeanor to a first-degree felony, depending on the severity of the incident, prior convictions, and whether a weapon was involved.
How Domestic Violence Charges Affect Child Custody in Texas
Texas family courts make custody decisions based on the best interests of the child. If there’s credible evidence of family violence, the court is legally required to take it into account when determining conservatorship (custody) and visitation.
Here’s what’s at risk:
- Loss of joint custody rights: A domestic violence finding may prevent you from being named a joint managing conservator.
- Supervised visitation only: You could be limited to seeing your child only under supervision, often at a designated facility.
- Loss of visitation entirely: In severe cases, the court may suspend your visitation rights altogether.
- Restraining orders: Protective orders can keep you from contacting the other parent and, by extension, your child.
Even if your criminal case hasn’t been resolved, pending charges can still be used against you in family court. Judges do not need a criminal conviction to restrict custody rights—they only need to believe the child’s safety is at risk.
The Criminal Penalties
If convicted of domestic violence in Texas, you may face:
- Misdemeanor: Up to one year in jail and $4,000 in fines.
- Felony: Two to 99 years in prison and up to $10,000 in fines.
- Permanent criminal record, which cannot be expunged in most cases.
- Loss of firearm rights under both Texas and federal law.
These consequences, combined with a loss of custody or visitation, can significantly alter your life.
Defending Against Domestic Violence Allegations
A strong defense strategy is essential in protecting both your freedom and your relationship with your child. At Daniel Collins Law, we thoroughly investigate every case and look for weaknesses in the prosecution’s claims, such as:
- False or exaggerated allegations made during a heated custody dispute.
- Lack of physical evidence to support the accusation.
- Self-defense or defense of others.
- Witness credibility issues or inconsistent statements.
- Violation of your rights during the investigation or arrest.
By challenging the evidence and telling your side of the story, we fight to keep criminal charges from influencing your family law case.
Why You Need an Experienced Texas Criminal Defense Lawyer
When domestic violence charges and custody issues overlap, you need more than just any lawyer—you need a defense attorney who understands both the criminal and family court implications.
At Daniel Collins Law, we bring:
- Over 15 years of criminal defense experience in Texas courts.
- A deep understanding of how family violence allegations impact custody.
- Aggressive representation aimed at protecting your rights and parental relationship.
- Strategic negotiation and trial skills to achieve the best possible outcome.
We know your future—and your child’s future—depends on the outcome of your case, and we fight accordingly.
Take Immediate Action
If you’ve been accused of domestic violence and have children, the time to act is now. Every decision you make early on can impact both your criminal case and your custody rights.
Call Daniel Collins Law today for a confidential consultation. We will review your case, explain your legal options, and begin building a defense designed to protect your freedom, your rights, and your family.