Understanding Domestic Violence and Stalking in Texas Family Law

When domestic violence, or “family violence,” as it’s defined under Texas law, is involved in a divorce or custody case, the legal and emotional stakes are high. Recent statutory updates have expanded protections for victims and made it easier to obtain protective orders against abusers and stalkers.

In this post, we break down what these changes mean for Texans navigating divorce, child custody disputes, and family violence issues, based on insights from Brian Walters and Raya Jackson, in a recent episode of For Better, Worse, or Divorce.

What Is “Family Violence” Under Texas Law?

The Texas Family Code Section 71.004 defines “family violence” as an act by a family or household member that results in, or threatens, physical harm, bodily injury, assault, or sexual assault. It also covers threats that cause a person to fear imminent harm. Defensive acts, such as self-protection, are not considered family violence.

“Dating violence” applies to individuals in a romantic or intimate relationship, even if the relationship has ended. That inclusion ensures that former partners can still seek protection under the law.

Recent Key Changes to Texas Family Violence Laws

Historically, to obtain a protective order, victims had to prove both that violence had occurred and that it was likely to occur again. That second requirement, proving future danger, often created obstacles for survivors seeking protection.

However, as of a recent statutory change, victims now need to show only that family violence has occurred. This shift makes it easier to secure legal protection without having to predict future harm.

Stalking and the 2024 Law Update

The Texas Legislature has also expanded stalking protections within family law. Although stalking doesn’t always involve direct physical violence, it is often a precursor to it and the new law recognizes that reality.

Under Texas Penal Code §42.072, stalking is defined as repeated conduct directed at a specific person that would cause a reasonable person to feel fear. This can include:

• Making threats (including toward family, pets, or property)
• Repeated unwanted communication or surveillance
• Damaging property or vandalism
• Using GPS or phone tracking apps without consent
• Sending intimidating or harassing messages (even “emojis”)

The law also applies when someone uses a third party or “agent” to stalk or harass another person, such as asking a friend or family member to follow or monitor someone’s activities.

How the New Law Protects Victims

As of June 1, 2024, Texans can now seek protective orders against stalkers even if they have no formal or ongoing relationship with them. These orders can restrict contact, set geographic boundaries, and prohibit specific conduct.

Violating a protective order is a serious offense. Civil courts can impose up to 180 days in jail per violation, and criminal courts may revoke probation or issue new charges.

The fact that this law took effect in June (rather than the usual September effective date) underscores how seriously Texas now treats stalking and domestic violence.

Domestic Violence, Divorce, and Child Custody

Courts view family violence and stalking within divorce and child custody cases through the lens of the child’s best interest, prioritizing safety and emotional well-being.

If a parent has committed family violence, it can affect:

• Custody and visitation: Courts may order supervised visitation or restrict access entirely.
• Property division: Judges can award a disproportionate share of the marital estate to the victim.
• Spousal maintenance: Family violence can qualify a spouse for alimony who otherwise would not be eligible.
• Parental rights: In severe cases, especially where a child is harmed or threatened, the court may terminate parental rights.

Texas law also mandates that protective orders override custody orders, ensuring that safety takes precedence over visitation.

The Role of Experienced Family Law Attorneys

Because family violence and stalking laws are complex and evolving, it’s crucial to work with a family law attorney experienced in protective orders and domestic violence cases. An attorney can help victims:

• File and enforce protective orders quickly
• Gather evidence and witness testimony
• Navigate overlapping criminal and civil proceedings
• Protect their parental rights and safety during divorce

If you are facing threats, harassment, or violence, contact law enforcement immediately and seek legal help as soon as possible.

If you need help with a family violence, stalking, or protective order case, the experienced attorneys at Walters Gilbreath, PLLC can guide you through your legal options and advocate for your protection.