Divorce & Domestic Violence in Texas
Restraining & Protective Orders in Dallas & Collin County
You should always take instances of domestic violence 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 an 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.
Contact our Dallas domestic violence divorce lawyer once you are in a safe place. We can discuss your options with you and tell you about what will happen to your partner should you choose to get divorced and/or file charges against them.
Do not hesitate to take action against domestic abuse. Call (214) 972-3025 today.
What is Domestic Violence & How Can I Protect Myself?
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. One of the first things you should do with your attorney is file for a temporary restraining order and make sure that you and your children have a safe place to stay.
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
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.
Temporary & Long-Term Restraining Orders
If you have been the victim of domestic violence, or fear that you may become one, then a restraining order may be necessary to protect yourself. A temporary restraining order can be ordered until your court case is held so that nothing will happen to you prior to your hearing. Once the judge has heard your testimony, then a long-term restraining order may be awarded based the circumstances and evidence presented.
How Do I Proceed To Defend Myself 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 Dallas divorce lawyer today and tell us more about your situation.
We offer legal services in both English and Spanish. Call (214) 972-3025 to meet with our team as soon as possible.