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In Texas, family violence includes any act intended to result in physical
harm, bodily injury, assault, sexual assault, or that threatens such harm
against any member of the alleged perpetrator’s family or household (or against
a person with whom the alleged perpetrator has a dating relationship). A victim
of family violence can apply to the Court for a protective order that will help
ensure safety from further violence. Upon proper application, the Courts in
Texas will normally enter an emergency temporary protective order immediately
and without notice to the alleged perpetrator.
On the other hand, persons have been known to level a false accusation of
family violence in order to curry favor with the Court or gain an advantage in a
family dispute. For this reason an evidentiary hearing must be held to establish
the truth of the allegation before the Court may enter a finding of family
violence. After the alleged perpetrator has been served with the paperwork and
has had an opportunity to retain an attorney, the Court will conduct a hearing
to determine whether family violence has, in fact, occurred, and whether it is
likely to occur again in the future.
If the Court grants a final protective order after the evidentiary hearing, a
copy of the order can be transmitted to law enforcement agencies. Thereafter, if
the perpetrator does anything in violation of the protective order, he or she
may be arrested immediately. Under current Texas law, a final protective order
remains in effect for two years, and it may be extended beyond that period in
limited circumstances.
Unfortunately, many divorcing parties face divorce for that very reason; they
do not have sufficiently healthy conflict resolution skills to resolve the
dispute without a resort to violence or the threat of violence. Unable to cope
with the stress in their lives, people often behave badly. However, the stress
of divorce should not be used as an excuse for family violence. Quite often,
family violence, or he threat of violence is a form of abuse used for the
purpose of controlling the actions or behavior of another person, or for
retaliating against another as punishment for his or her behavior. More
importantly, family violence is a learned trait that can affect the children of
the parties for the rest of their lives.
We have extensive experience representing clients in need of protection
against family violence, as well as extensive experience representing alleged
perpetrators of alleged violence. For the victims, we understand that further
episodes of violence may be triggered by the abuser’s perception of a power
imbalance or from his or her frustrated attempts to manipulate the victim to
agreement. Therefore, we help shield the client by minimizing or eliminating the
client’s contact with the abuser, by acting as an intermediary for negotiations,
and by taking all reasonable steps to obtain the maximum relief available
through the judicial system.
For alleged perpetrators, we will zealously represent you, using our legal
and negotiation skills to protect your rights and to defend against the entry of
any unjust protective order. If you have been wrongfully accused of
family violence for the purpose of advantage in a divorce action, or if you face
criminal assault charges for the alleged family violence, we will give you the
candid advice you need to make decisions affecting each aspect of your legal
dilemma.
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