Spring, TX asked in Education Law for Texas

Q: If you are arrested for Domestic Assault and you are a teacher will you lose your job?

Also, what if divorce is currently being pursued will this affect the outcome? For child custody?

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3 Lawyer Answers
Gary D. Peak
Gary D. Peak
Answered
  • Eastland, TX
  • Licensed in Texas

A: I hate to say it depends, but it does depend on the facts of the alleged assault. Assault can be verbal, or physical. I can be a misdemeanor or felony. So severity matters.

It depends even more on where you are and the general policy of your District.

It also may depend somewhat on your history with the school, length, reputation, etc.

Gary D. Peak
Gary D. Peak
Answered
  • Eastland, TX
  • Licensed in Texas

A: Absolutely, an assault family violence conviction would definitely be considered strongly in determining who would determine the residence of the child.

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Austin, TX
  • Licensed in Texas

A: If convicted of assault, you could also lose your license to teach. In fact, you may lose the ability to even chaperone field trips or related school district events for your own child.

You need to get the case dismissed. Deferred Adjudication isn't good enough for a teacher because the T.E.A. has access to sealed records. So you need the best criminal defense attorney you can hire in the county where the case is pending.

You may already have reporting requirements triggered by the arrest itself, even though you are presumed innocent as a matter of law. It would be wise to consult with an attorney that focuses on Professional Licensing and Administrative Law before accepting ANY negotiated settlement in this case. This attorney should NOT be your criminal defense attorney.

Also, yes this can have a big impact on child custody and eliminate the required minimum marriage period for spousal support.

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