Custody battles are already messy, but when domestic violence charges enter the picture, everything changes. A domestic violence accusation doesn’t just threaten your freedom; it threatens your ability to parent. Texas family courts take these allegations seriously, and the consequences can extend far beyond criminal penalties.
If you’re facing domestic violence charges and are worried about custody, you need an attorney who knows how the criminal system and family courts intersect, and how to protect you from what’s coming.
At Thiessen Law Firm, we’ve represented clients through some of the toughest domestic violence and the toughest custody situations imaginable. We know that a strong criminal defense in your situation doesn’t just keep you out of jail — it protects your parental rights and your relationship with your children.
We’re uniquely positioned to defend you because of the team at the head of Thiessen Law Firm: Mark Thiessen is a criminal defense all-star with 140+ Not Guilty verdicts in Texas courts, and Taly Thiessen is a battle-hardened family lawyer in Houston with a staunch record of getting results for families during the most difficult times in their lives.
Continue reading about domestic violence and custody, or contact Thiessen Law Firm today at (713) 864-9000 for a free consultation.
The direct connection between family violence and custody disputes
Here’s the hard truth: a domestic violence conviction in Texas can devastate your custody case. Family courts operate under a different standard than criminal courts, and their primary concern is always “the best interests of the child.” When domestic violence is alleged, courts often automatically assume the accused parent poses a risk to the children — even if the alleged violence hasn’t been proven, and didn’t directly involve them.
This presumption shifts the burden onto you. Instead of prosecutors proving guilt beyond a reasonable doubt (the criminal standard), you’ll be fighting against a lower standard of proof in family court: a preponderance of the evidence. That means if the judge thinks it’s more likely than not that domestic violence occurred, you lose custody.
The worst part? Your criminal case and your custody case operate independently. You could win your DV criminal case and still lose custody. You could take a plea deal that seems reasonable from a criminal perspective and watch it destroy your family law case. This is why coordination between your family lawyers and your criminal defense in Houston matters more in domestic violence situations than almost any other criminal charge.
How does domestic violence affect child custody in Texas?
Texas family courts actively factor domestic violence charges into every custody determination. The Texas Family Code specifically authorizes courts to consider “acts or omissions of a parent that constitute abuse” as primary factors in custody decisions. This language is intentionally broad, and courts interpret it broadly.
When a court is deciding between joint custody, primary custody, or supervised visitation, a finding of family violence typically results in one outcome: restricted access to the children. Even if the violence occurred between adults and didn’t directly involve the children, courts reason that an abuser poses a threat to the home environment and the child’s emotional well-being.
The impact varies based on the following things:
- Whether the violence was a one-time incident or a pattern of behavior
- The severity and nature of the violence alleged
- Whether children witnessed or were affected by the violence
- The accused parent’s response to the allegations (denial versus acceptance)
- Whether protective orders or restraining orders are in place
- Any history of substance abuse or mental health issues
- The credibility of both parties in the family court proceeding
Courts also consider whether there’s an active criminal case pending. If you’re currently facing criminal charges, a family court judge may postpone custody decisions until the criminal matter is resolved — because anything you say in family court could be used against you in the criminal case, and vice versa.
This puts you in an impossible position: fight hard in family court and risk incriminating yourself criminally, or stay silent and look uncooperative to the family court judge. Another reason you need a coordinated team of attorneys fighting to make sure you don’t get chewed up by the system.
What can be used against you in a custody battle?
Family courts consider a wide range of material that criminal courts would exclude, and prosecutors will strategically gather evidence specifically designed to hurt you in both proceedings.
Some of the most significant evidence on the table may be:
| Criminal history and prior allegations |
| Any history of violence — even charges that were dismissed — can be presented to a family court judge. Unlike in criminal court, where prior bad acts are generally excluded, family court judges routinely consider your entire history when assessing whether you pose a risk to children. |
| Police reports and arrest records |
| These documents are admissible in family court and often paint a one-sided narrative. Police reports typically contain only the accuser’s account, and family court judges frequently accept them as reliable evidence. |
| Statements you made to police |
| If you made any statements during your arrest or interrogation, those statements can be used against you in family court. This is another reason why invoking your right to remain silent during a DV arrest is so important; your silence in criminal court won’t hurt your custody case, but admissions will devastate it. A Houston domestic violence lawyer can guide you through this process from day one to prevent irreversible mistakes. |
| Witness testimony from the alleged victim |
| Your accuser will testify in family court, and their testimony carries significant weight. Even if that testimony would be inadmissible hearsay in criminal court, it’s fair game in a custody hearing. |
| Text messages, emails, and social media |
| Any communication suggesting anger, control, or aggression toward your co-parent can be weaponized in custody court. Screenshots of old arguments, angry messages, or even sarcastic comments can be reframed as evidence of your character and fitness as a parent. |
| Protective orders or restraining orders |
| If a protection order has been filed against you, that fact alone influences custody decisions, even before a judge determines whether the order should be granted. |
| Your behavior during the custody dispute itself |
| How you conduct yourself matters. Aggressive litigation tactics, angry communications with your co-parent, or attempts to alienate the children from the other parent can be noted by the judge and used against you. |
The strategic lesson here is simple: everything you do and say during a domestic violence arrest and custody dispute will be scrutinized. You need a Houston family violence lawyer that understands both the criminal and family law implications of your statements and actions, and can make sure you’re not mortgaging your position in one court one for leverage in the other.
The CPS factor: when Child Protective Services gets involved
One of the most serious consequences of a domestic violence accusation is the involvement of Child Protective Services (CPS). If there are children in the home where domestic violence occurred, CPS will almost certainly open an investigation.
Many parents ask whether CPS will automatically remove children after a domestic violence allegation. The answer is complicated. CPS doesn’t remove children solely based on domestic violence allegations; they investigate to determine whether there’s actual abuse or neglect. But if CPS determines that children were exposed to family violence and that this exposure constitutes abuse or neglect, removal is possible.
The presence of a CPS investigation complicates everything. Anything you say to CPS investigators can be used against you in criminal court and in family court. CPS may recommend that you not have unsupervised contact with your children pending the investigation’s outcome. These recommendations often become the basis for temporary custody orders that can be difficult to change later.
If you’re facing a domestic violence charge and CPS is involved, you need an attorney who understands both criminal defense and how to navigate CPS investigations. Being charged with continuous family violence makes CPS involvement even more likely, which is why your first call should be to an experienced defense attorney, not an attempt to cooperate your way out of the situation.
How a protective order impacts custody
Many domestic violence cases involve protective orders (sometimes called restraining orders or orders of protection). If a protective order is granted against you, it can directly impact custody. A protective order typically restricts your contact with the protected person and may include provisions about custody of minor children.
The terms of a protective order can mandate supervised visitation, require you to stay away from your children’s school or daycare, or even award temporary sole custody to the other parent. These provisions remain in effect while the protective order is active, which can be months or even years.
What many people don’t realize is that a protective order doesn’t require a criminal conviction. A judge can grant a protective order based on a lower standard of proof than required in criminal court. This means you could have a protective order against you while your criminal case is still pending, and that protective order will directly restrict your custody rights.
Whether charges involve aggravated assault or simple family violence, challenging a protective order is non-negotiable if you want to maintain custody rights. The order can become evidence in your family court case, and it will signal to the family court judge that another judge already found grounds to restrict your contact with the protected person.
Domestic violence and custody FAQ
What is the biggest mistake in custody battles?
Making statements to the other parent, police, CPS, or the court without attorney guidance. Anything you say can and will be used against you. Many parents believe they can explain their way out of accusations by talking to the judge or cooperating with CPS. This almost always backfires.
Will CPS take kids for domestic violence?
CPS will investigate but won’t automatically remove children. However, if they determine that children were exposed to violence and that exposure constitutes abuse or neglect, removal is possible. CPS removal is one of the fastest ways to lose custody rights, so responding carefully to CPS involvement is of the utmost importance.
Can a parent lose custody for emotional abuse?
Yes. Texas courts recognize emotional abuse as grounds for restricting custody. If a judge finds that a parent engaged in psychological manipulation, intimidation, or control, they’ll typically award primary custody to the other parent and may impose supervised visitation requirements.
Fighting for custody? You need aggressive criminal defense.
If you’re facing a domestic violence charge and worried about your custody rights, you need a criminal defense firm that understands both systems and knows how to fight aggressively in both courtrooms simultaneously.
Thiessen Law Firm is that law firm. Mark and Taly Thiessen protect Texans from charges just like these, as well as fight to keep their families together, every single day. They know that your freedom and your relationship with your children are both on the line, and they fight to protect both.
We’ve won cases that other attorneys said were unwinnable, and we’ve helped clients maintain or regain custody rights even in high-stakes situations. The punishment for domestic violence charges is severe — but nothing is more severe than having your family broken apart. Fight for your family
Call Thiessen Law Firm today at (713) 864-9000 or contact us online for a free consultation. We’re available 24/7 to discuss your case and explain how we’ll fight to protect both your freedom and your parental rights. Your future depends on getting this right from day one. Let us fight for your freedom and your family.
More Helpful Articles by Thiessen Law Firm:
- Intoxication Manslaughter vs. Vehicular Manslaughter
- 10 Myths About Drinking and Driving: Debunked
- Acquittal vs. Dismissal: What’s the Difference in a DWI Case?
- What Counts as Revenge Porn in Texas?
- What To Do When You Get Pulled Over
