If you have been the victim of domestic abuse or violence, after you report the incident to local police, a domestic violence attorney can advise you of your rights and legal options. In Sugar Land, Texas, for instance, where our offices are located, domestic abuse survivors have access to restraining orders, divorce proceedings, and we can direct you towards other protective resources.
How Texas Defines “Domestic Abuse”
According to the Texas Family Code, domestic abuse is defined as an act by a household or family member against someone else in the household or family that aims to cause fear of injury, physical injury, sexual assault, or other harm. Not all domestic abuse is violent. Furthermore, individuals do not need to be legally married, as Texas law defines “dating violence” as well.
Getting a Protective Order in Texas
There are different procedures to obtain a protective order – also called a restraining order – in different Texas courts. A domestic violence lawyer can provide even further details about the nuances of how your local judges make decisions. Having this insight can improve your chances of obtaining legal protection from an abuser in a quicker manner.
However, in any Texas court, to file for a restraining order, you’ll need to file different documents, including:
- Application for Protective Order
- Either an Affidavit or Declaration
- Temporary Ex Parte Protective Order
- Protective Order
- Respondent Information
It is important to move quickly when seeking a protective order to prevent further abuse whenever possible. It is particularly important to apply for a protection order if your child is in any way impacted by the abuse (including simply witnessing it).
If You’re Divorcing & Have Experienced Domestic Abuse
Domestic violence can be difficult to talk about. It is particularly important to bring up any domestic abuse during a divorce proceeding. Domestic violence can factor into how property is divided, how custody is determined, and whether alimony is awarded. Additionally, Section 6.072 of the Texas Family Code calls for expediting divorce cases under certain circumstances in which one party is in danger of domestic abuse. With the help of a Sugar Land, TX, domestic abuse attorney, you may be able to finalize your divorce faster following domestic abuse.
Never ignore the issue of domestic abuse in a divorce, as bringing it up can work to protect your rights. Your lawyer can help to ensure you do not have to confront your abuser if you do not want to during the divorce.
A Sugar Land, Texas, Domestic Abuse Attorney Who Wants to Help
Jamie Jordan, PLLC, has extensive experience as a domestic violence lawyer in Sugar Land, TX. Whether you are looking for full-service representation or simply have a question, don’t hesitate to set up a consultation today. We can discuss your domestic abuse in a confidential setting and advise you of your options. Learn more about how we can help you and your children feel safe – call us at 281-466-3628 or fill out this contact form.