Accused of Family Violence During Divorce or a Custody Case? Here’s What You Need to Know
By Thom Nisbet
When you’re in the middle of a divorce or custody battle, emotions are already running high. Add a sudden accusation of family violence—and everything changes. You may find yourself removed from your home, barred from seeing your children, or facing criminal charges based on nothing more than a claim made in court filings or during a heated argument.
If this sounds familiar, you’re not alone. At Christian, Nisbet & Casillas, we’ve defended dozens of people facing serious accusations that surfaced right as custody or divorce terms were being negotiated. These allegations can derail your case, damage your reputation, and lead to criminal penalties—even if the underlying claim turns out to be false or exaggerated.
The good news: you have options. You have rights. And most importantly, the law is not supposed to assume you're guilty just because someone said you are.
In this article, we break down what happens when allegations arise in the middle of family court proceedings, what new Texas laws you need to be aware of, and how you can protect yourself starting now.
How Family Violence Allegations Influence Divorce and Custody
Texas family law courts take accusations of domestic violence very seriously—especially when children are involved. Under the Texas Family Code, judges are required to consider any history or pattern of family violence when determining:
Who gets primary custody
Whether supervised visitation is necessary
Whether a protective order should be put in place
Division of property or use of the marital home
That means a single accusation—sometimes made without evidence—can immediately tip the scales against you in a custody case. It doesn’t matter if you haven’t been convicted. Once the court hears the words “family violence,” the burden often shifts to you to prove that you’re not a danger.
This is especially problematic in divorce cases where emotions are already inflamed. In some situations, we’ve seen one parent use an accusation strategically—to gain leverage over parenting schedules, push a spouse out of the house, or gain control over marital assets.
Legal Changes That Make It Easier to File—and Harder to Defend Against—Accusations
Recent changes in Texas law have made it significantly easier for courts to issue protective orders and restrict your rights even before the facts are fully examined.
HB 1432 (Effective September 1, 2023)
This law eliminated the requirement that courts find a likelihood of future violence before granting a protective order. Now, if a judge believes that any act of violence has occurred in the past, even once, they can impose a protective order that lasts up to two years.
For the accused, this is a major shift. It means that even if you’ve had a single argument or moment of conflict—now exaggerated or misrepresented in a legal document—you could be removed from your home, lose access to your children, and face serious restrictions, all without a criminal conviction.
HB 36 (2025)
This law gives judges more authority at the pretrial stage to impose conditions on your bond—especially in family violence cases. They can now:
Require GPS ankle monitoring
Enforce exclusion zones, preventing you from going near the accuser’s home, workplace, or even your child’s school
Mandate no-contact orders, cutting off communication entirely—even if the alleged victim doesn’t want it
These orders can be imposed even before you’ve been formally indicted. In the context of a custody dispute, this can mean weeks or months of separation from your children based on accusations alone.
How These Allegations Are Handled in Court
There are two tracks these cases tend to follow:
1. Family Court (Protective Orders & Custody Hearings)
Protective orders are civil matters, but their impact is very real. If granted, a protective order:
Can force you out of your home
May limit your visitation or access to your children
Will appear on background checks and be entered into the statewide law enforcement database
Can be used as evidence in the divorce or custody case
Many people don’t realize that family court protective orders are often granted with a much lower burden of proof than criminal cases. A judge only needs to believe it’s “more likely than not” that violence occurred. There’s no jury. No requirement for evidence beyond the accuser’s testimony.
2. Criminal Court (If Charges Are Filed)
If prosecutors decide to pursue charges, you may be facing a misdemeanor or felony assault charge, depending on the facts. This can trigger further conditions on your bond and add pressure on the family court to take a “better safe than sorry” approach.
This is why timing matters. These cases move quickly, and if you wait to act until your criminal court date, it may be too late to influence what’s happening in family court.
Building a Defense—Even If the Accusation Feels Unfair
If the accusation was false, exaggerated, or made in bad faith, your defense starts with documentation. Our approach often includes:
Collecting text messages, voicemails, and emails that show the accuser’s tone or intent before and after the incident
Gathering witness statements from friends, neighbors, or relatives who were present or aware of the relationship dynamic
Challenging protective orders immediately through contested hearings, cross-examination, and procedural motions
Negotiating fair bond conditions to prevent GPS monitoring or no-contact terms from disrupting your life and custody rights
Our goal is always to protect your future—not just your legal record, but your relationship with your children, your financial well-being, and your name in the community.
We’ve seen too many good parents get railroaded by rushed decisions, unclear allegations, and strategic filings. We’re here to slow that process down and put control back in your hands.
What If the Allegation Is True—But the Story Isn’t Being Told Accurately?
Not every client is falsely accused. Sometimes there was a fight. Sometimes words were exchanged or things got physical—but not in the way the State claims.
In these situations, our job is to provide context. Were you defending yourself? Was this mutual combat? Was alcohol involved? Were there long-standing emotional or psychological issues that led to the incident?
We work with mental health professionals, relationship counselors, and expert witnesses to tell your full story. In many cases, we can avoid trial altogether through pretrial intervention, deferred adjudication, or conditional dismissals.
But it all depends on getting out ahead of the case—and working with attorneys who know how to negotiate, file, and fight with urgency.
Final Word
Family violence accusations during divorce or custody disputes are unfortunately common—and extremely damaging. If you're facing this type of situation, the worst thing you can do is wait and hope it gets sorted out.
At Christian, Nisbet & Casillas, we act immediately to protect your freedom, your family relationships, and your ability to move forward. Whether it’s a false allegation or a complicated incident taken out of context, we know how to build a defense that courts take seriously.
When your future—and your children’s future—is at stake… we’re that call.
