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.

Contact us today to schedule your personalized consultation:  by phone, 512-201-4083, or email

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.

divorce attorney Austin, TX
divorce lawyer Austin, TX

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.

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