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The abuse of a wife or a child is one of the most despicable crimes. This is why a false allegation is so difficult to fight. An angry ex-partner may make unfounded accusations of abuse. She may believe her own story sincerely, but she may be guilty of an assault herself—or, if a child is involved, insidious prompting or planting stories.
Texas law refers to crimes involving domestic abuse as “family violence.” If you have been accused of family violence, you need to talk to an attorney who understands both family law and criminal defense for the sake of your prospects and the safety of your children.
Family Violence in Texas
The state defines family violence as:
- (1) an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;
- (2) abuse … by a member of a family or household toward a child of the family or household; or
- (3) dating violence [against a dating partner or their dating partner].
See Tex. Fam. Code § 71.0021, 004.
The first move for anyone accused of threats or abuse towards a child or partner—including their property or their pets—is to talk to an attorney. No matter how friendly the officers may seem, you have everything to lose and nothing to gain by talking to the police or CPS without a lawyer.
False Accusations: When, Why, and How
Someone making a false accusation of domestic abuse could act out of anger and impulse, but they might also be motivated by:
- Mental health difficulties
- Genuine belief in a mistaken account
- Fear of other parties (such as parents or affair partners)
- Desire to protect truly guilty parties (such as boyfriends or family members)
- Specific intent to gain future advantages against the accused
A child can also act out of these motives, especially if one parent has worked to alienate them from the other and prompted them to make the report.
Understanding the likely motive will help an attorney make the arguments they need to protect you and your children. Your attorney needs to gather evidence surrounding the circumstances, including conversations, documentation, and photos of alleged injuries or the lack thereof.
A knowingly false report of child abuse can be a felony, resulting in jail time and possible restriction from the child. See § 261.107. When false reporters understand how much they have to lose, they may well backtrack under pressure.
Protective Orders: What to Do
Any adult in the family or dating relationship can apply for a protective order against another to shield themselves or a child from family violence. See § 82.002. They do not need to have reported abuse to the police to request this order. In a bitter situation, a spouse could try to use one to keep a partner away from their child or get them out of the marital home. Protective orders can also strip accused parties of specific rights, such as possessing firearms, while in force.
If you have been served with notice of a protective order request, contact an attorney. A permanent protective order, despite the name, generally lasts no more than two years. When an accuser files for this type of order, the respondent (the person accused of violence) has the right to a hearing.
Your attorney can appear with you at the hearing to challenge the request. The accuser must show evidence of past violence or threats and a “reasonable belief” that it would occur again.
However, the accuser can also seek a temporary ex parte protective order for claims of imminent violence. “Ex parte” means that the respondent has no right to appear. The court will only grant that order if they find “clear and present danger” of violence. See § 83.001. Law enforcement officers or officials can also request emergency protective orders after violence has occurred.
You may want to seek your own protective order at this point. Two parties can agree to a mutual protective order if the court approves it. See § 85.005. In this painful, emotionally charged situation, an attorney’s help is crucial, especially when the other person has their own counsel.
If you are already under a protective order, there’s only one good way to start fighting: respect it. Don’t try to work around it through third parties or social media interactions. You have to follow everything set out in the protective order, even if it seems unjust. If a protected person wants to see you or talk to you, you cannot—not even for your own child.
Violations carry penalties of up to $4,000 and a year in jail, depending on the circumstances, and they apply to everyone involved. A protected person cannot give you permission to ignore it “just for a minute.” See the printed warnings on your order for more (§ 85.026).
Don’t Give Up—and Don’t Fight Alone
You may have heard complaints that family courts are biased in favor of mothers. That isn’t true—fathers just have to fight to win. Every Texas dad in a legal battle needs a family lawyer to defend their rights to custody and healthy relationships with their children. Call the Aberdeen Law Firm today at 713-597-6435 to schedule an appointment with our Houston family law attorneys.
