Best Domestic Violence Lawyers in Texas

About Domestic Violence Law in Texas, United States

Domestic violence is a serious issue that affects individuals and families from all walks of life in Texas. In legal terms, domestic violence (sometimes referred to as "family violence" in Texas statutes) involves abusive or violent acts between family members, household members, or people in a dating relationship. This can include physical harm, threats, emotional abuse, or any form of controlling behavior. Texas has strong laws in place to protect victims and to hold offenders accountable.

Why You May Need a Lawyer

There are many situations relating to domestic violence where legal help is essential. If you are a victim, you may need a lawyer to help you obtain a protective order, navigate the criminal justice system, or secure custody of your children. Accused individuals often need legal representation to defend themselves against criminal charges or to protect their rights in court. Legal assistance is also valuable for understanding your rights, gathering evidence, and ensuring your safety during court proceedings. Lawyers can guide you through the complexities of the law so you can take the right steps for your unique situation.

Local Laws Overview

Texas law defines domestic violence broadly, covering not only physical assault but also threats, harassment, and emotional abuse that put someone at risk of harm. Important legal aspects include:

• Protective Orders: Courts can issue protective orders to keep an abuser away from victims. These orders can restrict contact, remove the abuser from a shared home, and address custody of children and pets.
• Criminal Charges: Domestic violence can be charged as either a misdemeanor or a felony, depending on the severity and circumstances. Prior convictions and use of weapons can lead to enhanced penalties.
• Child Custody: Evidence of domestic violence can impact decisions regarding custody or visitation, with Texas courts prioritizing the safety of children.
• Mandatory Reporting: Certain professionals (like teachers, doctors, and law enforcement) are required to report suspected domestic violence.

Texas Family Code and Penal Code outline how domestic violence cases are handled, and local authorities take these matters very seriously.

Frequently Asked Questions

What qualifies as domestic violence in Texas?

Domestic violence in Texas includes physical harm, sexual assault, threats that reasonably place someone in fear of harm, or any abusive behavior between family members, household members, or people in a dating relationship.

Who can get a protective order in Texas?

Anyone who has experienced domestic violence, including spouses, former spouses, dating partners, or family members, can apply for a protective order through the local court.

How long does a protective order last?

Most protective orders in Texas last up to two years, although courts can grant longer orders in certain circumstances, especially if the abuse is severe or involves a weapon.

What happens if someone violates a protective order?

Violating a protective order is a criminal offense in Texas and can result in arrest, additional criminal charges, and severe penalties for the violator.

Does domestic violence impact child custody?

Yes. Evidence of domestic violence is a significant factor in custody cases. Texas courts will restrict or deny custody or visitation if it is necessary to protect the child’s safety.

Can I drop domestic violence charges?

The decision to drop charges rests with the prosecutor, not the victim. While you can express your wishes, prosecutors can still proceed with charges if they believe there is enough evidence.

What should I do if I am falsely accused?

If you are falsely accused, it is critical to seek legal representation immediately. A knowledgeable attorney can help you collect evidence, prepare your defense, and ensure your rights are protected in court.

Where do I file for a protective order?

Protective orders are typically filed with the district or county court in the county where you or the abuser lives, or where the violence occurred.

Is domestic violence only physical?

No. Domestic violence includes emotional abuse, harassment, stalking, threats, sexual assault, and any controlling or coercive behavior intended to harm, intimidate, or isolate another person.

Can men be victims of domestic violence?

Absolutely. Men can be victims of domestic violence, and the law protects all individuals regardless of gender.

Additional Resources

If you are experiencing domestic violence or need legal support, there are several organizations and government bodies in Texas that can help:

• Texas Department of Family and Protective Services: Offers protection, support, and information about your legal options.
• Texas Council on Family Violence: Provides resources for victims and helps connect people with local shelters and services.
• National Domestic Violence Hotline (1-800-799-7233): Offers confidential support and guidance twenty-four-seven.
• Legal Aid of NorthWest Texas: Can assist with free or low-cost legal representation for qualifying individuals.
• Local Law Enforcement Agencies: Always call 911 in an emergency or if you feel you are at immediate risk.

Next Steps

If you or someone you know is affected by domestic violence in Texas, consider these steps:

• Ensure your safety and that of any children or dependents. If you are in danger, call 911 immediately.
• Gather documentation and evidence such as photos, texts, medical records, and witness statements.
• Reach out to a lawyer who specializes in family law or domestic violence cases for a confidential consultation.
• Explore local shelters or advocacy groups that can provide support and a temporary safe space if needed.
• Decide whether to file a protective order or pursue further legal action with your lawyer’s guidance.

Remember, you are not alone. Help is available, and taking prompt legal action can protect your rights and your future.