Dallas Domestic Violence Attorney
Experienced Collin County Lawyer for Clients Facing Domestic Violence Matters in Texas
Domestic violence should always be taken very seriously. If a partner has been verbally or physically abusive to you or your children then you need to get out of the house immediately.
Even if you are willing to forgive your partner for their actions, you need to make someone else aware of the situation and consult with a Dallas domestic violence attorney.
Domestic violence is serious and far too many people try to ignore or forgive the problem, which often results in more severe and frequent instances of abuse.
Reach out to a domestic violence lawyer in Dallas once you are in a safe place. We can discuss your options with you and tell you what will happen to your partner should you choose to get divorced and/or file charges against them.
How Does Texas Define Domestic Violence?
Domestic violence is a rampant problem in America, and one of the major issues is that victims do not always come forward and press charges. Divorce courts are very sympathetic to spouses who were victims of abuse and always put their needs first when it can be proven that abuse occurred.
In the state of Texas, domestic violence is defined as the following:
1. When a family or household member commits harm to another family or household member, that is intended to cause harm. Domestic violence involves more than just physical harm.
It can also involve:
- The threat of violence
- Making threatening phone calls or emails
- Trespassing on someone else’s property to get to a spouse
- Sexual offenses
2. When a family or household member injures a child within the household or family, by conducting any of the following.
3. Dating violence: When an abuser commits an act that is intended to physically harm, assault, threat, or sexually assault a person who he or she is "dating" or in a "dating relationship" with.
For more information on domestic violence and learn more about what we can do to help you, contact our team of domestic violence attorneys in Dallas, TX.
What To Do if You Are Experiencing Domestic Violence in Texas
One of the first things you should do with your Dallas domestic violence attorney is to file for a temporary restraining order and make sure that you and your children have a safe place to stay. Some attorneys will advise you to stay in your home for as long as possible as it could be a long time before you can return if you leave and file for a divorce.
This may be true in some cases, but your safety should always come first. We can fight to get you back in your home, but we can’t protect you from violence if you stay where an abusive spouse can get to you.
What is the Statute of Limitations on Domestic Violence in TX?
Since not every domestic violence crime is reported immediately, the state of Texas has adopted a statute of limitations to allow for additional time for a victim to come forward. The amount of time depends on the severity of the crime itself.
Domestic assault is considered a misdemeanor thus the time frame is approximately 2 years. In addition, if the violence is continuous, then the charge would be considered a felony and the statute would be extended up to 3 years.
What are Temporary & Long-Term Restraining Orders in Texas?
If you have been the victim of domestic violence, or fear that you may become one, a restraining order may be necessary to protect yourself.
The two types of restraining orders are:
- A temporary restraining order can be ordered until your court case is held so that nothing will happen to you prior to your hearing.
- A long-term restraining order may be awarded based on the circumstances and evidence presented to the court.
What Causes Domestic Violence?
Unfortunately, domestic violence can happen to anyone, no matter what race, ethnicity, religion, gender, or sexual orientation a person may have. The truth is that everyone deserves healthy relationships.
Being in an abusive relationship may be an extremely traumatic experience, and getting the right help and support during this difficult time period is critical.
The 10 most common causes of domestic violence include:
- Drug dependence
- Stress or anxiety
- Other mental illnesses
- Lack of knowledge to obtain resources
- Poor education
- Underaged parenting
- Relationship retention behavior
- Cultural or historical factors
- Infidelity, or the suspicion of infidelity
What Are the Most Common Types of Domestic Abuse?
Domestic abuse is important to address, as it can lead to further acts of domestic violence. There are a number of different types of domestic abuse.
The most common forms of domestic abuse are the following:
- Sexual abuse
- Physical abuse
- Isolation abuse
- Emotional abuse
- Verbal abuse
- Financial abuse
- Male-privileged based abuse
- Control abuse
How Can A Domestic Violence Lawyer in Dallas Help Me?
Hiring a reputable lawyer to help you with your domestic violence case is essential for ensuring that you receive the best possible legal outcome for you and your family.
A domestic violence lawyer in Dallas, TX:
- Can effectively represent you in court.
- Can offer you the support and emotional reassurance that you need during this time.
- Can connect you to domestic violence support groups that can help with the healing process.
- Has experience working with other victims of domestic violence.
- Can help to grant you a chance to enter a plea bargaining process.
- Can help result in better circumstances for your children.
- Can help to speed up the process.
- Will handle all of the complicated paperwork involved, and ensure that everything gets where it's supposed to and at the right time.
- Can help you obtain a more lenient Emergency Protective Order (EPO).
- Can help to minimize potential consequences.
- Can answer any questions that you may have regarding the legalities of the matter.
- Can offer you professional guidance and legal advice.
How to Defend Yourself Against Domestic Abuse
People do care about what happens to you, and that includes the team at Garcia-Windsor, P.C. Our team is very close and works together to give our clients the support and protection they need during this difficult time. Contact our domestic violence lawyer in Dallas today and tell us more about your situation. We offer legal services in both English and Spanish.
She’s an excellent lawyer, she helped me with my case from beginning to end and with the result I wanted, Thank you! I 100% recommend her- Rafael
I consider Isabela very wise and very knowledgeable attorney and that she will not just do her best to get you where you need to be but she will not leave you there hurting and in pain she will go through the storm with you, right next to you. Isabela is not only among the best but I consider her the best because she will take your hand and put forth much effort to help you get over the stump, hill, or mountain that you are facing in your life with in the civil matters that need to be handled. I hired Isabela as my attorney in a divorce matter, she looked out for the best in my interest and in the matter and gave me great advice. If I was to call her office I either had an answer or she got back with me as soon as possible and had answer for me. I will also say that Isabela never left my side nor did she leave me to stand alone no matter what the case or scenario, even when I was short of funds to pay her, she did not leave my side. Isabela stayed with me through the whole case and her assistants and other attorneys in the office are just as great. I have to say that Pooja was very helpful in mediation she is very knowledgeable and will look out for your best interest, I really appreciated Pooja and her assistance. Pooja you are a great attorney and I am glad I got to sit next to you again thank you. I have to say in all that Isabela and her office are a great team and I would recommend her to anybody that is in need of an unequivocal, unconditional, and dedicated attorney. Thank you for all you did for me.- Gabriel
Great customer service! Very friendly staff!- Nereyda
We can't say enough how wonderful, professional, hard working Isabela and Pooja were and are on our case!! They were ABSOLUTELY AMAZING IN COURT TO WATCH! WE ARE SO PLEASED AND BLESSED TO HAVE SUCH GREAT WARRIORS REPRESENTING US! They truly have our concerns as priority! Thank you Isabela and Pooja!!!- Rhonda and Al
I have hired Isabela Garcia to help me with a protective order and custody of my son, Isabela has done an amazing job in fighting this hard cause of mine and has succesfully help me get a 2yr protective order by the courts. I saw Isabela through the proccess of many court hearings but never did she give up and came through to what she said she would to and always kept a sense of confidence about herself that made me feel optimistic about the final outcome. I am so happy with the services that have been provided from the Garcia Windsor Attorney's office. I highly rcommend Isabela to anyone who needs an excellent and tough attorney who definitely knows what she is doing.- Lizabeth
I have used Ms. Isabela Garcia in my personal family case and as a result of her success in my case, I have referred , friends and family members to her. All have informed me that they were happy and very pleased with the amazing job she has done representing them in and out of the courthouse. Ms. Garcia has the ability to connect with her clients, comfort them and she makes herself available. Ms. Garcia is a true intellect, master negotiator and an expert researcher. When she walks into the courtroom she knows the law surrounding all relevant issues. I highly recommend Ms. Garcia for all of your legal needs!- E. John Rosa