What is an affirmative finding of family violence?
Jan. 8, 2024
In Texas, an affirmative finding of family violence is a legal determination that a person has committed an act of family violence. Family violence is defined as an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault.
An affirmative finding of family violence can have significant legal consequences. For example, it can make a person ineligible to possess a firearm under federal law, and it can also be considered as a factor when determining child custody and visitation arrangements.
An affirmative finding of family violence is made by a court when there's evidence to support the allegations of the alleged victim, and it can be made at different stages in the legal proceedings. It can be found during the hearing of a Protective Order, during a criminal trial, or during a hearing in a civil case.
In Texas, a person can also be held liable if they commit family violence as a joint actor, this means that two or more people can be held liable even if one person doesn't make the physical contact.
In summary, An affirmative finding of family violence in Texas is a legal determination that a person has committed an act of violence against a family or household member. It has severe legal consequences, including the ineligibility to possess a firearm, and can be considered a factor in child custody and visitation arrangements. It can be made at different stages in legal proceedings and also with the presence of other actors.