How to Deal with Domestic Violence and Divorce in Texas 1

Domestic violence is cancer in a marriage and it does not choose victims based on race, age or background. This is an unfortunate and unpleasant to talk about but it does exist. Victims always have a hard time surviving and getting over the experience despite resources made available to help and support the victims. The worst thing about domestic violence is that the abuser is someone who knows you more than anyone else so it hurts more. Often, domestic violence leads to divorce. You will need a divorce attorney if you intend to pursue a divorce to get out of a marriage where domestic violence occurs on a regular basis.

Domestic Violence and Divorce

A divorce is originally stressful and with an abusive spouse, it can get even more complicated. Most abusers always resort to violence to maintain over you. It is common for victims of domestic abuse to feel trapped as if there’s no way to seek help. The mental hold of the abuser towards the victim usually blinds them and keeps them from seeking help. If you are a victim of domestic violence and are reading this right now, you are making a significant step towards breaking free from your misery.
Getting a divorce is an important step to protect yourself from domestic violence once and for all. It does not provide a cure overnight, but it will slowly and surely bring about recovery. Filing for divorce does result in instant advantages. In some instances, victims of domestic violence need a safe place to get away from the abuser. The Texas divorce attorney helping out with the case would be able to request for a temporary restraining order for the abuser which would keep the client safe from more violence.

Children and Domestic Violence

Domestic violence in a marriage can have a lasting impact on the children. Even if the violent spouse does not hit the children, the children can still witness the terrifying acts. Studies show that female children from a family with constant domestic violence tend to be involved in men who are also abusers. Male children who witness domestic violence are likely to be abusers too. The cycle will just go on and on down the family tree. Filing for divorce in this situation will keep the children’s emotional and mental scars from developing further.
The court will always try to protect the children’s best interest so if you are a victim of domestic violence who is filing for divorce, you can also request the court regarding conservatorship. The judge will likely to consider the abusive parent as a threat to the children’s well-being, hence it is possible that the judge will issue an order to keep the children safe from the abuser.

Spotting Abuse

There are many types of abuse that can happen in a marriage. Aside from the physical violence, abusers can also cause emotional scars. Verbal abuse can happen within a marriage as one spouse fight to control the other. This second type of abuse is more difficult to spot because the abuser can be a model spouse in public but would berate the victim continuously behind closed doors. Another type of abuse motivated by the greed for control is when a spouse excessively limits the other’s time for friends and family members. The verbally abusive spouse would say painful words to degrade the other and would not think twice about making threats that even involves the children.
It is important for the victim to identify this type of abuse. It would also be helpful if friends and family members can spot such an abuse as early as possible to put a stop to it before more damage is done.
Pursuing divorce when you are a victim of domestic violence may sound like a scary decision to make, but with skilled legal advocates with you, it will be easier. If you are a victim of domestic violence, you will want to get done with it as quickly as possible but unfortunately, it can drag on for a while. Here are some ways you can speed up the divorce:

1) Make up your mind

Even in no-fault divorce cases, making the decision to push through with divorce takes up most of the time in the entire process. Making up your mind in a divorce with domestic violence involved is even more difficult because it takes a lot of courage but remember that it’s half the battle!

2) Let your spouse know

It might be scary to break the news to your spouse when you’ve been through a lot of domestic violence. However, after you have made your decision to fight back and gain control of your life, you can hire a Texas divorce attorney to help you with your safety. You don’t even have to break the news to your abusive spouse personally. Your Texas family law attorney will do the notifications for you.

3) Deal with the paperwork

It will surely be difficult to think of anything else when you’re struggling with your survival as a domestic violence victim with a divorce case to top it off. However, you will have to deal with the documents that would be involved in the divorce such as financial and property documents and divorce forms. Your Texas divorce attorney will surely help you with it and filing these documents will also help speed up the process of your divorce case.

4) Find support

You need to have a Texas attorney specializing in divorce and family law to help you out – this is a must. Not only will it help speed up your divorce, your lawyer can also make moves to protect you and keep your safe from your abuser. You should also seek help and support from family and friends to help you get through a really difficult and stressful time. There are also various organizations that provide additional aid and support for victims of domestic violence.

5) Fight for Custody if Necessary

If domestic violence is the main cause of your divorce, you might also want to gain full custody of the children. After all, exposure to domestic violence won’t do them any good. You can always request for this at court. Ask your divorce attorney for help so that you can be guided accordingly. The court will decide what would be the best setup for the children after your divorce.

6) Move towards healing

Moving on can be tough. If you’ve been through years of domestic abuse, adjusting to a normal life would be tough. There are emotional, psychological and physical wounds that would take a long time to heal. Once your divorce is finalized, you can finally try to move onwards toward a complete recovery. Don’t worry even if it’s hard at first – you will really get there! Just hold on.

If you are in an abusive relationship, it would be best to take a big step – no matter how scary it might seem – to permanently rid yourself of the violence and abuse you never deserve. Contact a trustworthy divorce attorney in Texas for help and guidance and make that big leap towards freedom.


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Mr. Hutton is a Divorce and Custody Lawyer based out of Round Rock, TX. His background is with child psychology at Arizona State University where he received a B.S. in 2006, and he continued this by working with the Children’s Right’s Clinic at the University of Texas School of Law where he received his J.D. in 2009. Throughout his practice, he has been a strong proponent of utilizing modern technology to improve his practice and the representation of his clients. He currently is the technology chair of CAFA of Travis County and is committed to improving and modernizing the practice of law in Texas. If you have any questions you can contact him at