Domestic Violence FAQ | Texas Family Law Powerhouse

Question 1

Can a threat be considered imminent if there's a physical barrier like a glass door between the person making the threat and the victim?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including Gannon v. The State of Texas. A threat of family violence remains 'imminent' even if the victim takes defensive measures or is separated from the aggressor by a barrier; the legal focus is on the aggressor's display of weaponry and volatility rather than the victim's relative safety.

Question 2

How does domestic violence affect child custody and parental rights in Texas?

Accepted Answer

This question has been addressed in 3 Texas court opinion(s), including In re K.N., M.N., and M.N., Children. Endangerment findings are often based on a cumulative pattern of behavior, such as the intersection of domestic violence and substance abuse, rather than a single incident. Furthermore, trial counsel must strictly adhere to procedural requirements for missing witnesses; a general due process objection will not preserve error on appeal without a written, sworn motion for continuance and a formal offer of proof regarding the witness's expected testimony.