Domestic, or Family Violence, is an issue throughout the nation, and sadly, Texas is no exception to that. Studies show that one in three Texans will experience domestic violence at some point in their lifetime. The State of Texas provides legal protection for those who have suffered abuse from a partner or other family member or who are otherwise not safe in their homes. A family attorney can explain what your options are and help you through the legal process.
What Legal Options Are Available for Victims of Domestic Violence?
Texas recognizes that victims of domestic violence often face challenges that go beyond immediate physical danger, such as emotional trauma and financial hardship. The legal options available to victims of family violence in our area are designed to provide immediate safety, long-term protection, and assistance in breaking the cycle of abuse.
Domestic violence, which is referred to in Texas law as “family violence,” is defined in law as whenever somebody in a household acts to physically harm or otherwise abuse another member of that family or someone in the household, or if they threaten to do so in a way that places the victim in fear of imminent physical harm. Those in the family who witness these acts, such as children, are also considered victims. This violence can take place in families, households, or within dating relationships.
Get a Protective Order
One of the primary legal tools available to victims of domestic violence in Texas is the Protective Order. It is designed to prevent further acts of violence or threats by legally prohibiting the abuser from contacting or coming near the victim. It has been shown that protective orders can be as much as 80% effective in reducing future violence. There are several types of protective orders available, both civil and criminal.
Temporary Ex Parte Protective Order
A temporary ex parte order can be issued without the abuser being present. The victim, known as the petitioner, must present sufficient evidence that there is a clear and present danger of family violence. These orders are designed to be short-term, typically lasting up to 20 days, but can be extended if necessary.
Final Protective Order
After a court hearing where both parties can present evidence, a final protective order may be issued. These orders can last up to two years, or longer in cases involving severe harm, repeated violations, or use of a deadly weapon. The court may also include provisions regarding child custody, visitation, support, and property within the ruling.
Magistrate’s Order for Emergency Protection (MOEP)
An MOEP is a criminally issued order. It is usually given when the abuser has been arrested for family violence, sexual assault, stalking, or trafficking. It can be requested by the victim, police, or prosecutor and is generally valid for 31 to 61 days, or up to 91 days in cases involving a deadly weapon.
Make a Report to the Police
If you are the victim of domestic violence or if you know that someone is being abused, you can report incidents to local law enforcement. Once the police have conducted an investigation, they will arrest the alleged perpetrator if they find probable cause. Domestic violence charges include Assault, Aggravated Assault, and Continuous Violence Against the Family. These offenses can be classified as misdemeanors or felonies, depending on the severity and circumstances, including prior history of violence.
Prosecutors can proceed with charges even if the victim chooses not to press charges, which is a practice known as “no-drop” prosecution. Domestic violence is considered to be a crime that causes significant harm to both direct and indirect victims and which frequently escalates over time, so prosecutors are usually keen to proceed with cases, particularly if there is sufficient evidence.
Apply for a Change in Child Custody
Growing up in a household where there is domestic violence is bad for the welfare and development of children. Even children who are not physically harmed by a perpetrator are affected by witnessing abuse. In addition, statistics show that in 60% of households where there is intimate partner violence, there will also be child abuse.
Domestic violence can greatly influence child custody decisions in Texas, as courts are required to prioritize the best interests of the child. If there is a history or pattern of family violence by one parent, the court is much less likely to award joint managing conservatorship (known elsewhere as joint custody). The court may also restrict or deny visitation if it believes that unsupervised contact poses a risk to the child or the other parent.
Take Advantage of Housing Protections
Those who are victims of domestic violence are also offered certain housing protections. For example, tenants who are victims of family violence can terminate their lease early without penalty if they provide documented proof of the violence, such as a protective order or police report. If you are in public housing or a federally subsidized housing program, you are also protected from eviction if you are a victim of domestic violence.
Obtain Crime Victims’ Compensation
Crime Victims’ Compensation (CVC) exists to assist those who have been victims of certain crimes if they have crime-related expenses that are not covered by insurance or cannot be reimbursed from other sources. Claims may be approved for benefits up to a total of $50,000, and can cover lost wages, court fees, care of a child or a dependant, medical care and expenses, counselling fees, and more.
When you report the crime against you to law enforcement, they can provide you with information on the CVC program, and may have a liaison who can explain how the system works and help you to fill out an application.
File for Divorce
It is possible for someone who has experienced family violence to file for divorce and request a protective order simultaneously. The court may also grant a temporary restraining order to manage immediate issues like child custody or property use. Though marital property is generally divided equally upon divorce, the presence of domestic violence can be grounds for a disproportionate division of assets in favor of the victim.
Choose a Houston Family Attorney to Help You
We believe that it is especially important to consult a local attorney in cases of domestic violence for several reasons that go beyond the mere practicality of being easily accessible. A local lawyer is familiar with the procedures, court personnel, and legal resources that exist in your area.
For more information, contact our domestic violence lawyers at KGK Family Law, PLLC, to discuss your situation and schedule a consultation.
We serve Houston, Sugarland, and throughout Texas. Visit any of our offices at:
KGK Family Law PLLC – Houston Office
7700 San Felipe St #505
Houston, TX 77063
KGK Family Law PLLC – Sugar Land
