When one spouse accuses the other spouse of assault or abuse right before or during a divorce, the outcome of a criminal case or protective order case is crucial to the outcome of a divorce. If a spouse is found guilty of assault family violence, the Court could restrict a parent's right to see their children and ultimately give the "victim spouse" more than 50% of the community property. In some cases, Courts have awarded up to 100% of the community property, but that is rare. In regards to child custody, there is a presumption that both parents walk into a Courtroom door on equal footing and they should both be awarded joint managing conservatorship of their children. However, that presumption can be rebutted with evidence of family violence. If one parent is found to have a pattern or history of family violence, that parent's visitation with the child could be restricted to only supervised visits until the alleged abuser can prove to the Court that he/she has not committed family violence.
In March 2020, I was hired by a Father to file for Divorce and request that the Mother be required to return to Texas with their children. While my Client was at work, the Mother packed up the furniture in the marital home and ran off to Oklahoma with the children. When the mother arrived in Oklahoma, she requested a Temporary Ex Parte Protective Order alleging that my Client had abused her and the children. Prior to the Mother leaving Texas, she filed for Divorce, but did not inform the Father. My Client's case became a procedural nightmare because a Divorce was pending in a Texas Court that had jurisdiction over the children, but there was also an Ex Parte Protective Order against my Client out of Oklahoma. Now add a Global Pandemic to my Client's situation! At the Temporary Hearing, the Mother's Divorce Attorney agreed to the Mother and Father being named Joint Managing Conservators of the children and agreed to the Mother moving back to Texas. However, our agreement in the Divorce proceeding did not completely solve the Ex Parte Protective Order in Oklahoma. Hiring a competent and aggressive Criminal Defense Lawyer that practices in Texas and Oklahoma was crucial to my Client's divorce case.
Donald Haslam came highly recommended by several attorneys in the Dallas area. If you are in need of an experienced criminal defense attorney in Texas or Oklahoma, Donald Haslam should be your first phone call. His impressive library of case results is worth visiting at at https://donhaslam.com/case-results/
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