This is one of the most consequential parts of the Texas Family Code and one of the least understood by people representing themselves, on both sides of the allegation. Texas Family Code Section 153.004 deals with a history of family violence or sexual abuse, and it doesn’t just get factored in as one more piece of testimony. In certain circumstances it legally changes what the court is allowed to order.
If there’s credible evidence of a history or pattern of family violence committed by one parent against the other parent, a spouse, or a child within roughly the two years before the suit was filed, or during the case itself, the court cannot appoint that parent as a joint managing conservator. Not probably won’t. Cannot. Joint managing conservatorship gets taken off the table entirely under those facts.
On top of that, when it comes to possession and access, if there’s a preponderance of the evidence showing that pattern of family violence, the court may not give that parent standard, unsupervised access. The judge can require supervised periods, protective exchange locations, no alcohol or drugs before or during visitation, or completion of a battering intervention program.
Two things people get wrong here constantly. First, if you’re the one who’s experienced family violence, don’t assume the judge will just piece it together from your testimony about how the marriage felt. You need to actually put in evidence tied to specific incidents, ideally documented, because this statute has real teeth and it’s worth doing right. A protective order, police report, medical record, or even detailed contemporaneous texts can matter a great deal here.
Second, if you’re being falsely accused, understand what’s at stake before you walk into that hearing. This isn’t a he said, she said that gets shrugged off. A finding under this section can permanently reshape your conservatorship rights and your access to your own kids. That means you need to actually prepare a real response, not just deny it on the stand and hope the judge believes you. Timeline your whereabouts, gather any communications that contradict the allegation, and know exactly what the burden of proof is so you understand what the other side actually has to show.
This is one of those areas where I see people, on both sides, go into a hearing underprepared because they assume the truth will just come out on its own. It doesn’t work that way. The evidence has to be built and presented deliberately.
If you’re dealing with a family violence allegation, either bringing one forward or defending against one, let’s talk through how to prepare for it properly.
Ben Schooley
ben@prosecoachtx.com
www.prosecoachtx.com