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Texas Family Code - Section 153.004. History Of Domestic Violence

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 153.004. History Of Domestic Violence

§ 153.004. HISTORY OF DOMESTIC VIOLENCE.  (a) In 
determining whether to appoint a party as a sole or joint managing 
conservator, the court shall consider evidence of the intentional 
use of abusive physical force by a party against the party's spouse, 
a parent of the child, or any person younger than 18 years of age 
committed within a two-year period preceding the filing of the suit 
or during the pendency of the suit.
	(b)  The court may not appoint joint managing conservators if 
credible evidence is presented of a history or pattern of past or 
present child neglect, or physical or sexual abuse by one parent 
directed against the other parent, a spouse, or a child, including a 
sexual assault in violation of Section 22.011 or 22.021, Penal 
Code, that results in the other parent becoming pregnant with the 
child.  A history of sexual abuse includes a sexual assault that 
results in the other parent becoming pregnant with the child, 
regardless of the prior relationship of the parents.  It is a 
rebuttable presumption that the appointment of a parent as the sole 
managing conservator of a child or as the conservator who has the 
exclusive right to determine the primary residence of a child is not 
in the best interest of the child if credible evidence is presented 
of a history or pattern of past or present child neglect, or 
physical or sexual abuse by that parent directed against the other 
parent, a spouse, or a child.
	(c)  The court shall consider the commission of family 
violence in determining whether to deny, restrict, or limit the 
possession of a child by a parent who is appointed as a possessory 
conservator.
	(d)  The court may not allow a parent to have access to a 
child for whom it is shown 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 the filing of the suit or during 
the pendency of the suit, unless the court:
		(1)  finds that awarding the parent access to the child 
would not endanger the child's physical health or emotional welfare 
and would be in the best interest of the child;  and
		(2)  renders a possession order that is designed to 
protect the safety and well-being of the child and any other person 
who has been a victim of family violence committed by the parent and 
that may include a requirement that:
			(A)  the periods of access be continuously 
supervised by an entity or person chosen by the court;
			(B)  the exchange of possession of the child occur 
in a protective setting;
			(C)  the parent abstain from the consumption of 
alcohol or a controlled substance, as defined by Chapter 481, 
Health and Safety Code, within 12 hours prior to or during the 
period of access to the child;  or
			(D)  the parent attend and complete a battering 
intervention and prevention program as provided by Article 42.141, 
Code of Criminal Procedure, or, if such a program is not available, 
complete a course of treatment under Section 153.010.
	(e)  It is a rebuttable presumption that it is not in the best 
interest of a child for a parent to have unsupervised visitation 
with the child if credible evidence is presented of a history or 
pattern of past or present child neglect or physical or sexual abuse 
by that parent directed against the other parent, a spouse, or a 
child.
	(f)  In determining under this section whether there is 
credible evidence of a history or pattern of past or present child 
neglect or physical or sexual abuse by a parent directed against the 
other parent, a spouse, or a child, the court shall consider whether 
a protective order was rendered under Chapter 85, Title 4, against 
the parent during the two-year period preceding the filing of the 
suit or during the pendency of the suit.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 1999, 76th Leg., ch. 774, § 1, eff. Sept. 1, 
1999;  Acts 1999, 76th Leg., ch. 787, § 3, eff. Sept. 1, 1999;  
Acts 2001, 77th Leg., ch. 586, § 1, eff. Sept. 1, 2001;  Acts 
2003, 78th Leg., ch. 642, § 1, eff. Sept. 1, 2003.

Last modified: August 11, 2007