Domestic violence is one of the most serious issues in family law, and its effects reach far beyond criminal court. In Texas, allegations of abuse and the issuance of protective orders can significantly impact divorce proceedings, child custody, and visitation rights.

At Webb Family Law, we guide clients through these emotionally charged cases with compassion, confidentiality, and strong legal advocacy — helping survivors stay safe while protecting their parental and property rights.

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Understanding Protective Orders in Texas

A protective order (sometimes called a restraining order) is a court order that restricts an abuser from contacting or approaching the protected individual. Under the Texas Family Code §85.001, protective orders can last up to two years, depending on the severity and circumstances of the violence.

There are three main types:

• Emergency Protective Orders (EPO): Usually issued after an arrest for family violence.
• Temporary Ex Parte Orders: Provide immediate protection while awaiting a hearing.
• Final Protective Orders: Issued after a full court hearing, often lasting up to two years or longer.

Violating a protective order can result in criminal penalties, including arrest or jail time.

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Impact on Divorce Proceedings

When domestic violence is present, it can influence several aspects of divorce, including:

• Child custody (conservatorship): Texas courts presume it is not in a child’s best interest for a parent with a history of violence to have joint custody.
• Property division: Judges may award a greater share of community property to the victimized spouse.
• Spousal maintenance: Family violence within two years of filing for divorce may entitle the victim to spousal maintenance, even if the marriage was short.

Under the Texas Family Code §153.004, courts must consider a parent’s history of violence when determining custody and visitation rights.

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Safety Planning and Legal Strategy

For clients experiencing or accused of domestic violence, safety and legal preparation are critical. Our attorneys help survivors:

• Obtain and enforce protective orders
• Develop safe custody exchanges and visitation plans
• Coordinate with law enforcement and advocacy organizations
• Present evidence and documentation clearly in court

We also represent clients who have been wrongfully accused, ensuring their rights are protected during investigations and hearings.

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Empowering Clients with Protection and Knowledge

Cases involving family violence require skilled legal strategy and compassionate support. Whether you need to seek protection or defend against allegations, the attorneys at Webb Family Law have the experience to guide you through these complex and sensitive matters.

📞 Contact Webb Family Law today to confidentially discuss your case and ensure your safety and rights are protected.