Domestic Violence: Financial Abuse in Texas

Domestic violence takes many forms, and while physical violence often garners the most attention, financial abuse is another harmful and controlling type of abuse within abusive relationships. Financial abuse occurs when one partner uses money and resources to exert power over the other, making it difficult to achieve independence or leave an abusive situation. In Texas, understanding economic abuse is crucial for victims, defenders, and even family members who want to help.

This blog explores what financial abuse involves, how Texas law addresses it, and the steps both survivors and defenders can take to respond effectively.

Elements of Financial Abuse in Domestic Violence

In cases of domestic abuse, financial abuse involves controlling or restricting access to financial resources to manipulate or dominate a partner. This type of abuse can appear in different ways, including:

• Controlling Finances: The abusive partner may take control of bank accounts, dictate how money is spent, or deny access to essential financial information.
• Preventing Employment: The abuser may stop the victim from working, sabotage job opportunities, or force them to quit their job to keep them financially dependent.
• Accumulating Debt in the Victim’s Name: Opening credit card accounts or taking out loans in the victim’s name without permission.
• Withholding Basic Necessities: Refusing to provide money for basic needs like food, clothing, or medical care.
• Economic Exploitation: Forcing the victim to hand over their paycheck, spend their money on the abuser, or take on debts they cannot afford.

These actions create long-term dependency, leaving the victim feeling financially trapped and powerless to leave an abusive relationship.

How Does Texas Law Address Financial Abuse?

In Texas, financial abuse is a form of domestic violence and is covered under laws that also address emotional abuse and psychological coercion. Although financial abuse may not always be the primary issue in a case, it often serves as evidence of broader controlling behavior. Here’s how Texas law addresses this type of abuse:

Protective Orders

Victims of financial abuse in Texas can request a protective order under the Texas Family Code (Section 85). A protective order can stop an abusive partner from:

• Interfering with the victim’s employment.
• Accessing joint bank accounts or financial assets.
• Selling or transferring shared property without permission.

Division of Assets in Divorce

When domestic violence cases involve economic abuse, Texas courts may consider this behavior when dividing marital property during a divorce. Since Texas is a community property state, assets and debts acquired during the marriage are typically split equally. However, if a partner’s financial control has caused significant harm, the judge may award a larger share of the assets to the victim as a way to restore financial fairness.

Financial Exploitation and Fraud

If an abusive partner engages in identity theft, unauthorized transactions, or fraudulent financial activities, they may face criminal charges. Victims should report these crimes to the police and the Federal Trade Commission (FTC) and place fraud alerts or credit freezes on their credit cards and bank accounts to protect their finances.

Victims can also file civil claims to recover stolen money, and courts may require the abuser to repay financial losses as part of their punishment. In some cases, abusers misuse powers of attorney to gain control over their partner’s finances—this can be revoked with legal help. Victims may also qualify for assistance from the Texas Crime Victims’ Compensation Program, which helps cover costs related to experiencing financial abuse, such as legal fees and financial counseling.

Signs of Financial Abuse

For defenders or concerned individuals, recognizing the signs of financial abuse is critical. Victims often do not realize they are being abused or may downplay its severity. Common indicators include:

1. The victim has little or no access to their own funds or shared accounts.
2. They may stop working, avoid discussing finances, or appear stressed about money.
3. Credit cards or loans may be taken out in the victim’s name without their consent
4. The victim appears overly reliant on their partner for financial decisions or necessities.
5. The victim avoids making independent financial choices out of fear of retaliation.

Arrested? Don’t Plea, Call Me!

Being accused of financial abuse can be overwhelming, but it doesn’t define your future. You have the right to defend yourself. With the right legal support, you can present the facts and work toward a fair outcome. Stay calm, gather evidence, and remember that courts consider the full story—not just the accusations.

If you’re facing accusations of financial abuse or domestic violence-related charges, stand strong with the right support by your side. The legal system can be overwhelming, but having the right defense team by your side can make all the difference.

At Texas Criminal Defense Group, we understand the complexities of financial abuse cases and how easily misunderstandings can arise. Our experienced attorneys will listen to your story, gather the facts, and build a strong defense to protect your rights and your future.