Family Violence and Protective Orders

Whether you have already left an abusive relationship or need a plan to safely leave, our attorneys are here to listen and to help.

Central Texas Lawyers Who Understand the Dynamics of Family Violence

Our attorneys understand that domestic violence has many aspects. There can be physical and sexual violence of many kinds. We also understand that the physical violence is often accompanied by psychological harm. Abusers often exert financial control over a victim, and an abuser can interfere with relationship with family and friends. Family violence can have a devastating effect on children and present severe safety risks for extended family.

Our attorneys understand that making the decision to leave an abusive relationship can heighten these dynamics and create new problems as an abuser loses control. This can result in threats of a custody battle, loss of financial resources, and using the legal system as another tool of abuse.

If you have concerns, our attorneys can guide you through the decision to leave this relationship.

Protective Orders

In Texas, when family violence or domestic violence occurs, the law provides recourse through the issuance of a protective order by the court. The purpose of a protective order is to ensure the safety of individuals who have experienced family violence, restraining the abusive partner or spouse from contacting or approaching the victim. Moreover, protective orders extend their reach to safeguard family members, including children, from potential harm. Violation of a protective order is considered a crime, empowering law enforcement to arrest individuals who defy its provisions. This legal measure offers a prompt remedy, distinct from the alternative of engaging a private lawyer to file a custody suit or obtain a restraining order during divorce proceedings.

Protective orders play a critical role in addressing instances of family violence and its associated ramifications. By obtaining a protective order, victims gain legal protection and reassurance that their abuser will be legally obligated to maintain a distance. These orders are specifically designed to create a safe environment for victims, providing them with the means to break free from abusive relationships and begin the healing process.

Protective orders not only shield victims of family violence but also extend their protective reach to encompass family members, including children, who may also be at risk. By issuing a protective order, the court ensures that all vulnerable individuals involved in the situation are safeguarded from further harm. This comprehensive approach acknowledges the potential long-term effects of family violence and aims to protect the overall well-being of those affected.

The violation of a protective order is a serious offense under Texas law. This violation can result in the immediate arrest of the person who breaches the terms of the order. By making it a crime, the legal system sends a strong message that the safety and well-being of victims and their families are of paramount importance. This swift response serves as a deterrent, discouraging potential abusers from disregarding the protective measures put in place.

Obtaining a protective order can offer a more immediate remedy for victims compared to other legal avenues, such as engaging a private lawyer to file a custody suit or seeking a restraining order during a divorce. Protective orders address the immediate danger faced by victims, providing a legal framework to ensure their safety. This expeditious recourse allows victims to take prompt action, securing the necessary protection without undue delays.

Protective orders are not limited to cases of physical violence alone. They encompass a broader range of abusive behaviors, including instances of intimate partner violence, sexual abuse, sexual assault, and dating violence. The legal system recognizes that victims of various forms of abuse require safeguarding, and protective orders serve as a means to extend that protection comprehensively.

Protective orders are not standalone solutions but rather part of a larger ecosystem of support and protection. Collaborative efforts among law enforcement agencies, legal professionals, and victim advocacy organizations play a crucial role in implementing and enforcing protective orders. Additionally, justice programs are designed to assist victims throughout the process, providing resources, counseling, and support to help them navigate the legal system and rebuild their lives.

Protective orders offer an essential layer of defense against the physical injuries and emotional trauma caused by family violence. By legally mandating distance between the victim and the abuser, these orders help create a safe space.

Family Violence in a Texas Divorce

When family violence is present, it can affect many aspects of a divorce and child custody suit. It can affect property division and can permit an award of spousal support if certain criminal charges exist against the abuser. [*spousal support]. The law also requires a court to take family violence into consideration when making child custody and visitation orders. Texas law requires a safe and non-violent home for all children.

Our attorneys understand the dynamics of a violent relationship and can guide you through the legal options available in your case.

Questions about Family Violence?

What is an emergency protective order?

Emergency Protective Orders play a vital role in providing immediate protection and ensuring the safety of individuals who are victims of domestic violence, harassment, or other forms of abuse. These orders are granted by the court in urgent situations to address imminent threats and provide immediate relief to those at risk.

Emergency Protective Orders are typically sought when there is an immediate danger to the safety and well-being of the victim. They serve as a crucial intervention to prevent further harm and provide a legal framework to restrain the opposing party from engaging in harmful behaviors. These orders offer a swift response to urgent situations, aiming to safeguard the well-being of individuals who are at risk.

Emergency Protective Orders, also known as restraining orders, encompass various provisions designed to address the specific needs and concerns of the victim. They may include restrictions on the opposing party’s actions and require them to maintain a certain distance from the victim and any identified family members. Additionally, these orders may address child custody matters, prohibiting the opposing party from taking certain actions or making decisions regarding child care without appropriate authorization.

One of the primary purposes of emergency protective orders is to provide immediate relief to victims and ensure their safety. These orders empower victims to take steps towards securing their well-being by establishing a safety plan tailored to their specific circumstances. This may involve identifying safe locations, arranging for temporary housing, and accessing support services that can assist with the transition to a safer environment.

Emergency protective orders prioritize the protection of sensitive information shared by the victim. To maintain confidentiality and prevent further harm, these orders often contain provisions that restrict the disclosure of personal details, addresses, and contact information. By safeguarding this information, emergency protective orders help reduce the risk of retaliation and ensure the privacy of the victim and any involved parties.

Emergency protective orders are initially issued for a specific duration, typically ranging from a few days to several weeks. However, it’s important to note that these orders can be date modified or extended if the circumstances warrant continued protection. The duration of the order may vary based on the jurisdiction and the specific circumstances of the case.

It is crucial for victims to understand the terms and provisions outlined in the emergency protective order. They should carefully review the order and ensure they understand the obligations and restrictions it imposes. By following the provisions set forth in the order, victims can take proactive steps to maintain their safety and seek appropriate legal remedies if the opposing party violates the order.

Victims who obtain emergency protective orders should reach out to local resources and organizations specializing in assisting individuals affected by domestic violence. These organizations can provide valuable guidance, counseling services, and referrals to legal assistance. They can help victims navigate the legal process and connect them with additional support to aid in their recovery and long-term well-being.

How do I obtain a protective order?

To obtain a protective order, you typically need to file a petition with the appropriate court. The process may vary depending on your jurisdiction, but it generally involves completing necessary paperwork, providing evidence or testimony to support your case, and attending a court hearing. It is advisable to seek assistance from a local domestic violence organization or an attorney who can guide you through the process and help you understand the specific requirements in your area.

How long does a protective order last?

The duration of a protective order varies depending on the jurisdiction and the specific circumstances of the case. Initially, protective orders are typically issued for a specific period, such as weeks or months. However, they can often be extended or modified if necessary. It’s essential to review the terms of the protective order carefully and consult with legal professionals to understand the duration and any steps required for renewal or modification.

What should I do if a protective order is violated?

If a protective order is violated, it is crucial to prioritize your safety. Contact the appropriate authorities, such as the police, and report the violation. They can investigate the situation and take appropriate action. Document any incidents or evidence of the violation, including dates, times, and any witnesses. Notify your attorney or the organization that assisted you in obtaining the protective order so they can provide guidance on legal steps you may need to take to address the violation.