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.