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Domestic violence (also referred to as “family violence” in Tex. Fam. Code § 71.004) is defined as a pattern of coercive control which takes the form of behavior choices and strategies used purposefully and systematically by a person to gain or maintain power and domination over their intimate partner. Exposure to domestic violence can have long-lasting negative effects on children's physical and emotional well-being. It is important to note that witnessing family violence, in and of itself, is not child abuse under Texas law. However, co-occurrence of domestic violence and child neglect or abuse is common.
Judges and attorneys may consider the following to support the safety and stability of families experiencing domestic violence:
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Keep the children’s safety in mind: Services, planning, and hearings should be conducted with the safety and well-being of the children as a primary concern and in the context of domestic violence dynamics.
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Keep the domestic violence survivor parent’s safety in mind: Judges might consider holding separate hearing times to discuss each parent’s individual portion of the case if there are concerns by the survivor parent about continued use of intimidation, threats, manipulation, or retaliation by the perpetrator.
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Recognize the danger of separation: Separation from an abusive partner increases the risk of lethality when domestic violence is a dynamic in the relationship, as can pursuing legal options such as protective orders, divorce, custody, and mediation. This may impact the information that is shared with caseworkers or other individuals.
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Address placement issues: Considerations may include placing the children with relatives or fictive kin who the survivor parent identifies as safe and supportive for the shortest duration while the survivor parent plans for their next step and seeks safety.
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Order services to address family dynamics and build on strengths: Services may include mental health support and substance use services as well as peer support and counseling with a domestic violence shelter counselor. Service plans should be tailored to address safety concerns and should include input from the survivor parent.
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Recognize the benefits of supervised visitation: Trained staff can identify when a perpetrator is using the children to control the survivor parent or to gain access to information, including new contact information.
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Consider how to maintain safety in mediation: In cases involving domestic violence, consider a mediator who has undergone specialized training.
For more information, please see the Domestic Violence Chapter in the Children’s Commission 2023 Texas Child Welfare Law Bench Book, as well as the statewide and national resources provided below:
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