There is a moment in many abusive marriages where everything finally snaps into focus. Maybe it is a slammed door. Perhaps it is a threat whispered so low the kids cannot hear, or just that familiar feeling of wondering how much more you can bend before something breaks. In that moment, thoughts of leaving arise—but so do complicated, almost impossible questions, such as “How will I protect myself?” “How will I survive financially?” “And if I do decide to divorce, how will family violence (often called domestic violence) impact what I am entitled to, like property division?”
You are allowed to ask these and many other questions. Texas law recognizes that family violence can profoundly impact divorce, safety, and financial stability—and it provides protections to account for that.
This blog will examine what Texas law actually considers family violence, why it matters so much in a divorce, and the specific ways courts evaluate abuse when it comes to property division. You will also see how protective orders, safety concerns, and financial manipulation shape the outcome.
Most importantly, you will understand why you should not try to go through this alone.
What Texas Law Considers Family Violence
Most people picture family violence as physical violence, such as hitting, pushing, grabbing, or some other form of physical attack. And yes, those acts fall squarely under the legal definition. But the law also looks for patterns of behavior that create fear, control, or physical harm—even when bruises are absent.
- Physical violence: Striking, choking, throwing objects, blocking exits, or any action that puts someone in real danger. Even a single act can be significant.
- Threats: Spoken loudly in an argument or quietly behind closed doors. A threat counts even if it is never carried out; the impact on the victim is what matters.
- Emotional and psychological abuse: Belittling, isolating, constant monitoring, intimidation, or daily control tactics can create the same fear and instability as physical violence. Many victims experience these silent abuses long before—or without ever experiencing—physical attacks.
- Financial abuse: Controlling money, restricting access to bank accounts, forcing debt, sabotaging employment, or pressuring a spouse to stay home. Texas courts consider these acts as part of a broader pattern of family violence. While financial abuse alone may not automatically change property division, it can significantly influence the outcome when paired with other abusive behaviors.
- Child-related abuse: Threatening to take children away, using them as leverage, or forcing them to witness conflict or anger. These actions contribute to the overall assessment of abuse.
The bottom line: Texas courts are not limited to physical injury. They look at the whole pattern—physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior that influence another person within an intimate partner relationship.
Why Family Violence Matters in a Divorce
Family violence is not just about personal safety. It changes everything in the marriage, including finances. When someone lives under control, manipulation, or fear, their ability to work, save, or make decisions often erodes over time. That has a real, measurable impact.
Some victims lose jobs because of stress, injuries, or interference from their spouse. Others are prevented from working at all. Some watch their credit score crumble because the abusive spouse opens accounts in their name or refuses to pay joint debts. Even something as simple as being monitored, texts checked, or calls screened can harm a person’s stability and independence.
All of this comes to light in a divorce, and Texas law acknowledges that the financial consequences of such abuse do not simply disappear because the marriage ends.
The courts often view property division as an appropriate opportunity to address these consequences.
How Family Violence Can Influence Property Division
Texas is a community-property state, but that does not mean everything gets split 50/50. The standard is a “just and right division,” meaning the court has room to adjust the split based on what is fair.
Here are some of the specific ways family violence can affect the outcome:
Unequal Division of the Marital Estate
When there is credible evidence that one spouse committed family violence, the court can shift the property split. In doing so, the victim may receive a larger portion of the community estate. It is not about meting out punishment or sending a message. It is simply the court’s way of accounting for the effect of the abuse. These effects can include financial setbacks, missed opportunities, and the long-term strain that often accompanies rebuilding after leaving a dangerous situation. For example, if a victim lost years of earning potential because they were pressured to stay home, or if their employment was disrupted by constant conflict, the court may correct that imbalance by awarding a larger share of the properties or assets.
Destruction or Waste of Property
Some abusive spouses destroy belongings during arguments. Others drain bank accounts out of spite or rack up credit card debt intentionally. Texas courts can intervene, and the innocent spouse may receive a larger share of property to make up for the loss.
Financial Manipulation
When one spouse is proven to have controlled money, hidden accounts, changed passwords, or withheld financial information, Texas courts take those actions seriously. Control of this kind is absolutely family violence and often forces the victim into dependency, which influences the final division.
Costs Associated With Leaving the Abusive Environment
Victims of family violence often face immediate expenses that the abusive spouse does not. These expenses can include, but are not limited to, moving-out expenses, medical care, counseling fees, rent, childcare expenses, and lost wages. These costs do not disappear during or after the divorce, and courts may award additional property to help offset them.
Connection Between Abuse and the Breakdown of the Marriage
Texas courts look at misconduct during the marriage. If family violence played a significant role in ending the relationship, that fact may weigh into the property division.
Safety Considerations
In some cases, a victim may be awarded the marital home simply because it is the safest and most stable option, especially when children are involved.
Taken together, these factors allow judges to craft a financial arrangement that reflects the real impact of the abuse, not merely the illusion created by paperwork or bank statements.
What Judges Look for in a Family Violence Divorce
Courts rely on evidence of family violence, not assumptions. When determining how family violence affects property division, judges consider multiple sources of information. These sources can include the following items.
- Police reports or prior arrests
- Medical records
- Photos of injuries or property damage
- Witness testimony
- Threatening messages, emails, or recordings
- Protective orders or emergency orders
- Financial documentation showing control, restrictions, or unexplained withdrawals
- Employment records showing missed work or job loss
- Proof of counseling, shelters, or safety planning
Judges do not need a victimized spouse to show every type of evidence. Even a small amount can establish a pattern. It is also important to note that a judge is not focused on punishing the abusive spouse. The goal is fairness and long-term stability. The court examines how the abuse disrupted income, damaged property, or created economic hardship. When the evidence supports it, the final property division reflects those realities.
The Role of Protective Orders and Temporary Orders
In cases involving family violence, protective orders and temporary orders often become the framework that keeps things steady while the divorce moves forward. These orders give the court a way to address immediate concerns and put basic safeguards in place. Depending on the facts, the court may use them to:
- Grant one partner exclusive use of the marital home
- Restrict the other spouse from accessing certain financial accounts
- Require temporary financial support
- Limit communication to methods that reduce the risk of harassment or confrontation
- Put measures in place to keep children from being pulled into ongoing conflict
Temporary orders that come into play early in the case can also steady things during those first uncertain weeks. Depending on what is happening, the court might pause access to specific accounts, put in place short-term parenting arrangements, or ensure one spouse has money available for basic expenses.
The idea is simple: give the victim a safer, more predictable space to work through the divorce without feeling exposed to sudden financial pressure or backlash.
Moving Forward With Added Safety and Support
Family violence changes the course of a marriage, and it changes the course of a divorce. The law recognizes the damage it creates: physical, emotional, and financial. It provides tools to help victims rebuild stability. Whether that means receiving a larger share of property, staying in the home temporarily, or securing protective orders, the goal is always the same: safety and fairness.
If you are standing at the edge of these decisions, unsure how to protect your future, guidance from an experienced family law attorney becomes even more critical. The process is complicated, and no two cases look alike.
But you do not have to walk into it alone or guess at your rights.
Call Nelson Law Group Today!!
If divorce is the answer, you need an advisor to guide you through each stage and help you deal with the fears that naturally come with that. We work diligently to achieve a result that ensures you receive what you are entitled to as you move forward onto the next stage of your life. The Nelson Law Group, PC, brings nearly two decades of family law experience to every case.
Give our knowledgeable staff at Nelson Law Group a call if you have any further questions. Our staff is always available.
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