In Texas, family violence includes any act intended to result in physical harm, bodily injury, assault, sexual assault, or that threatens such harm against a member of the perpetrator’s family or household (or against a person with whom the 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.

Family Violence is a serious concern for the Courts, and Judges will award relief to victims of such abuse.  On the other hand, persons have been known to level false accusations 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 will 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 the very reason that they do not have sufficiently healthy conflict resolution skills to resolve disputes 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 the 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 or unfounded 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.