I want a Divorce from my abusive spouse

Tyler Kubinski • July 28, 2020

What is considered Family Violence?

Under the Texas Family Code, family violence is an act by a member of a family against another member of the family that was intended to result in:

• physical harm;

• bodily injury;

• assault;

• sexual assault; or

• a threat that places a family member in fear of immediate and unavoidable harm.

Family violence includes abuse. Abuse occurs when the act or failure to act that results in:

• the mental or emotional injury to a child,

• causing or permitting the child to be in a situation in which the child sustains a mental or emotional injury,

• physical injury that results in substantial harm to the child, or

• failure to make a reasonable effort to prevent an action by another person that results in physical injury to the child.

I need out of this marriage now, is there a waiting period?

In Texas, there is a mandatory 60 day waiting period to get divorced, however, there is no waiting period when the court finds that your spouse has been finally convicted or received deferred adjudication for family violence against you or your family.

HELP, this is an emergency!!!

If you are currently experiencing family violence, you have two immediate options:

1. A Protective Order; and

2. A Temporary Restraining Order as part of your Divorce.

The main difference between a Protective Order and a Temporary Restraining Order is that if your spouse violates the Protective Order, they can be arrested on the spot. If your spouse violates a Temporary Restraining Order, you need to file a separate Enforcement action for your spouse to be punished.

Each order can order your spouse to stay away from you or your children, move out of the house, and/or not threaten or harass you or your children. The County Attorney’s Office (915- 546-2050) handles Protective Orders at no cost.