Life rarely delivers one crisis at a time. In El Paso, it is more common than you might expect for a criminal charge — a DWI, an assault allegation, a drug possession arrest — to arrive at the same moment as a divorce filing, a child custody dispute, or a protective order. When that happens, you need two things: an experienced criminal defense attorney to fight your criminal case, and an experienced family law attorney to protect your parental rights and your financial interests. This post explains how criminal and family law intersect in El Paso, what you need to know if you are facing both at once, and where to turn for each.
How Criminal Charges and Family Law Cases Intersect in El Paso
Criminal charges and family law proceedings are legally separate, but they influence each other in ways that can be devastating if you are not prepared. A DWI conviction, for example, can be used against you in a child custody proceeding as evidence of poor judgment or substance abuse. A domestic violence charge — even one that is later dismissed — can trigger an emergency protective order that removes you from your home and restricts your access to your children. An assault allegation can affect a divorce settlement if the opposing party’s attorney uses it to argue for a larger share of community property or sole custody. In El Paso County courts, judges and attorneys in both the criminal and family divisions are aware of these crossover effects. The decisions made in your criminal case — including whether to accept a plea deal, what conditions of bond to agree to, and how your case is characterized in court — can have direct consequences in your family law case. This is why it is critical that your criminal defense attorney and your family law attorney communicate and coordinate strategy from the very beginning.
Domestic Violence Charges and Protective Orders
Domestic violence is the most direct intersection of criminal and family law in El Paso. A domestic assault charge — even a Class A misdemeanor — triggers a mandatory magistrate’s order that prohibits contact with the alleged victim. If the alleged victim is your spouse or the parent of your children, this order effectively removes you from your home and separates you from your children immediately, before any conviction. In family court, the opposing party’s attorney will use the criminal charge as the basis for an emergency protective order and, in divorce or custody proceedings, as evidence of a pattern of domestic violence. Texas Family Code § 153.004 specifically requires courts to consider a history of domestic violence when making custody determinations. A criminal defense attorney who understands the family law implications of a domestic assault case will fight not just for a dismissal or acquittal, but for outcomes that protect your parental rights and your position in any concurrent family law proceedings.
DWI Charges and Child Custody in Texas
A DWI charge — particularly one involving a child passenger — can have immediate and lasting consequences in a child custody case. Under Texas Penal Code § 49.045, DWI with a child passenger is a state jail felony, and a conviction can be used in family court to argue that you pose a danger to your children. Even a standard DWI conviction without a child passenger can be raised in custody proceedings as evidence of substance abuse or irresponsible behavior. Texas courts apply a ‘best interest of the child’ standard in all custody determinations, and a DWI conviction — especially a repeat offense — gives the opposing party’s attorney powerful ammunition to seek sole managing conservatorship or restricted visitation. If you are facing a DWI charge while also involved in a custody dispute, your criminal defense attorney and your family law attorney must be aligned on strategy. Resolving the DWI favorably — through dismissal, reduction, or deferred adjudication — protects not just your criminal record but your parental rights.
Finding the Right Family Lawyer in El Paso
If you are facing a family law matter in El Paso — divorce, child custody, child support, adoption, or a protective order — you need a dedicated family law attorney, not a criminal defense attorney who dabbles in family law. Family law in Texas is a specialized field with its own procedural rules, strategic considerations, and local court practices. The El Paso family courts have their own culture, their own judges, and their own expectations. For El Paso residents who need a family law attorney, Laine Law Firm is a respected El Paso family law practice. Their team includes experienced divorce lawyer professionals who handle divorce, property division, child custody, child support, and spousal maintenance throughout El Paso County. If your situation involves both a criminal matter and a family law matter, the right approach is to retain specialists in each area and ensure they are communicating about how the two cases affect each other.
What to Do If You Are Facing Both a Criminal Charge and a Family Law Matter
The most important thing you can do if you are facing both a criminal charge and a family law proceeding simultaneously is to act quickly and retain specialists in each area. Do not assume that one attorney can handle both effectively — criminal defense and family law are distinct specialties with different rules, different courts, and different strategic priorities. Call Aaronson Law Firm at (915) 533-0110 immediately to discuss your criminal case. Attorney Aaronson has over 45 years of experience defending El Paso residents against DWI, assault, drug possession, and other criminal charges. He will build the strongest possible defense for your criminal case while keeping the family law implications in view. For your family law matter, contact a dedicated El Paso family law attorney who can protect your parental rights, your property, and your financial future. The two cases will affect each other — make sure both attorneys know that and are coordinating accordingly.
The Importance of Acting Immediately
In both criminal and family law cases in El Paso, delay is your enemy. In the criminal context, the 15-day ALR deadline after a DWI arrest, the preservation of dashcam and surveillance footage, and the early stages of the prosecution’s case all require immediate action. In the family law context, emergency protective orders, temporary custody orders, and asset freezes can be obtained on short notice and can dramatically change your situation before you have had a chance to respond. The moment you are arrested, served with divorce papers, or notified of a custody filing, you should be on the phone with an attorney. Aaronson Law Firm is available 24 hours a day, 7 days a week for criminal defense matters. Call (915) 533-0110 now.