How Does a Family Violence Charge Impact Child Custody Cases?

 Posted on June 16, 2026 in Family & Domestic Violence

A family violence charge can affect a child custody case in Texas. Even an accusation that has not led to a conviction can change how a judge assesses your case. If you are facing a family violence charge and also dealing with a custody situation in 2026, the need to build a strong defense is critical. A San Marcos, TX criminal defense lawyer can help you fight the criminal charge and protect your relationship with your children.

How Do Texas Courts View Family Violence Charges in Custody Cases?

Texas family courts make custody decisions based on what is best for the child. When a parent has a family violence charge or conviction on their record, a judge will factor that in when deciding who gets custody and how much time each parent spends with the children.

Under Texas Family Code Section 153.004, courts must consider evidence of domestic or family violence when making custody decisions. If a parent has a history of family violence, the court may decide that giving that parent primary custody is not in the child's best interests. The judge may also limit or supervise that parent's time with the child. Even a single incident of family violence can affect how a judge views a custody case.

This is why fighting the criminal charge is so important. A conviction creates a record that follows you into family court and can be used against you in ways that affect your relationship with your children.

Does It Matter to Your Custody Case Whether You Were Charged or Convicted of Family Violence?

A charge means you have been accused of family violence. A conviction means a court found you guilty. These are very different things, but family courts do not always treat them that way.

A pending charge can affect your custody case before it is ever resolved. Here are some of the ways that can happen:

• A protective order may already be in place that limits your contact with your children.

• The other parent's attorney may bring up the charge during custody hearings.

• A judge may reduce your parenting time while the criminal case is still open.

• The accusation alone can change how the court sees you as a parent.

None of this means your custody case is lost. But it does mean that how your criminal case ends matters a great deal. Getting the charge dismissed, reduced, or resolved with a not guilty verdict can change the picture in family court significantly. Fighting the criminal charge is not just about staying out of jail. It is also about protecting your right to be in your children's lives.

Can a Protective Order Affect Your Access to Your Children?

When a family violence charge is filed, a protective order is often put in place at the same time. A protective order can limit where you can go, who you can contact, and in some cases, whether you can be around your children at all.

Under Texas Family Code Section 85.001, a court can issue a protective order if it finds that family violence has happened and is likely to happen again. Violating a protective order is a separate criminal offense. It can make your situation much worse in both criminal court and any custody case that is running at the same time.

If a protective order is keeping you from your children, an attorney can help you understand what options may be available while your criminal case is pending.

What Role Do False Allegations Play in These Cases?

Family violence allegations sometimes arise during custody disputes. When they do, the court must determine what happened and what arrangement is in the child's best interests. If the timing of the allegation lines up with a custody filing or a heated argument between parents, that context can be important to your defense. Your attorney will look at the whole situation, including your relationship with the other parent and your past communications. They’ll search for any evidence that the accusation was made for reasons other than genuine concern for the child.

What Happens to Your Custody Case if You Are Convicted of Family Violence?

A family violence conviction in Texas can mean jail time, fines, mandatory completion of a batterer's intervention program, and the loss of your right to possess a firearm under both Texas and federal law. In a custody case, a conviction gives the family court a clear basis to limit or take away your parenting time. Fighting the charge and avoiding a conviction is the single most important thing you can do to protect your rights as a parent.

Schedule a Free Consultation With Our Decatur, TX Family Violence Defense Attorney

A family violence charge puts everything you care about at risk, including your freedom and your relationship with your children. You need someone who understands how the criminal justice system works and what is at stake for your family. Our San Marcos, TX criminal defense lawyer is a former Traffic and Highway Patrol Trooper and a veteran. That background gives him a deep understanding of how law enforcement builds these cases and where the weaknesses are. He knows how the system works from the inside, and he uses that knowledge to fight hard for every client. Contact Godwin Law Firm, PLLC by calling 940-255-0000 to discuss your case.