COVID-19, Assault Family Violence Cases, and The Texas Family Code

By | May 4, 2020

austin criminal defense assault family violence

While we are all ordered to stay home, there is heightened worry that shelter-in-place orders related to the pandemic will result in an increase in family violence. If you can’t really get away from the person who is irritating you, it is harder to let off some steam. Sometimes, a person needs more than a long walk to settle down.

Combine that with an increased alcohol consumption rate during the pandemic and there could be more arrests for assault family violence.

I don’t doubt that this combination could possibly lead to a real event of family violence.

However, there could be other things that play. A number of sections in the Texas Family Code tilt the playing field in favor of a victim of family violence.

For example, if the evidence shows by a preponderance of the evidence that there is a history or pattern of committing family violence during the two years preceding the date of filing suit, then the court may not allow the accused (or convicted) parent to have access to a child. Texas Family Code 153.004(d)(1).

I could go on to name a number of other sections in the Texas Family Code, but I think you get the point. Some people know how to “work the system” and they aren’t afraid to do it.