In the terrible event that there is domestic violence involved in a divorce case, you’ll need the experience of a Texas domestic violence lawyer specializing in these complicated matters. There will be two issues, criminal and civil, when dealing with domestic violence during a divorce. In the criminal matter, the state will handle charges against the perpetrator, and it will be up to him or her to hire a defense attorney, or have one appointed. If the circumstances are that you have been accused of domestic violence, you absolutely need the advice of an attorney in order to see that fairness is maintained. In the case of civil action, an Austin domestic violence lawyer will be able to help the victim obtain a protective order against the person who assaulted you. In Texas, a protective order is much more successful in keeping you safe than a simple restraining order. An attorney will help you understand the difference, and will help in attaining one immediately.

Are you the victim of domestic violence and need help getting out of the situation? Or have you been falsely accused and need help defending yourself against the accusation?

Any domestic violence accusation — whether or not the criminal justice system is involved — is a serious matter that should not be taken lightly by the accused or the accuser.

Domestic violence exists when in a relationship between sexual partners, family members, or people who live or have lived together one person causes emotional or bodily injury, sexually assaults, threatens, harasses, destroys personal property, or disturbs the peace of another.

If you have been subjected to domestic violence by your spouse, partner or anyone else, you are entitled to protection from abuse. And if you have been served with a restraining order for alleged domestic violence, you have a right to defend yourself against those accusations.

Our domestic violence attorneys offer attentive, compassionate representation backed by extensive experience. Our firm represents both victims of family violence and we also represent clients who have been accused of domestic abuse.

Whether you are seeking protection from domestic violence or you have been served with a temporary injunction, it is important to discuss your options with an experienced domestic violence lawyer as soon as possible in order to make sure your interests are protected.

Unfortunately, domestic violence often escalates during divorce proceedings and custody battles. When the abuser is a spouse or parent, the children may also be victims of abuse. It is important to act quickly and to remove yourself and your children from harm’s way.

We can assist you in locating domestic violence support services, such as counseling, shelters, housing and social services. We use every legal tool available to protect you from your abuser and work to hold abusers accountable.

If you are a victim of domestic violence or emotional abuse, we can help you obtain a permanent injunction for protection against domestic violence.

If you have been served with a restraining order or plan to petition for a restraining order for domestic violence, our attorneys can skillfully represent you, call us.

Domestic Violence Impacts Divorce Proceedings

There can be daunting ramifications as a result of a domestic violence conviction, as it pertains to a divorce. In Texas, domestic violence can mitigate towards a fault-based divorce action, in which case the aggrieved party may receive a larger portion of any marital assets, and may be awarded spousal support. Further, parental rights will be affected, especially if the domestic violence was aimed at one or more of the children. The result will be a severe alteration of custody rights, with the child or children obviously being favored towards going with the non-abuser. Also, in the case of domestic violence, the perpetrator will often be removed immediately from the home, all rights to the home and contents being forfeit until the matter is resolved in a criminal court of law.

If You are a Victim of Domestic Violence

If you have been a victim of domestic violence, or your children are in danger, get away from the aggressive party immediately. Contact the police, and contact your lawyer. Domestic violence is taken very seriously by the police and will be handled by professionals who can get and keep you safe, and lock up the aggressor until the matter is settled in court. Local prosecutors will handle the charges and assist in the proceedings against the perpetrator, and an attorney will be offered to the accused at the time of his or her arrest.

Domestic violence is a very serious and potentially frightening time in anyone’s life. If it’s in the middle of a divorce proceeding, it can be even more devastating. It is a dangerous time for anyone who suspects their spouse is capable of violence or has known them to have a violent background, so it is vital that you keep yourself and your kids safe.

You might require the assistance of other outside professionals qualified to deal with just these problems, so do some Internet research and seek counseling if you think you need it. You might contact your lawyer about getting a restraining order if you feel threatened or have suspicions that violence may be perpetrated against you. Again, seek a professional’s advice and be careful.