If you are experiencing domestic violence, you will need to enlist the help of an experienced family law attorney. The family law attorneys at Davis, Ermis & Roberts are experts in this area, won’t hesitate to help free you from your abuser. There are some things you have to know before you contact a domestic violence attorney in Texas. Keep reading to learn exactly how a domestic violence lawyer can help you safely escape family violence.
Domestic Violence in Texas
Domestic violence is a serious issue in Texas. It can affect all people regardless of sex, age, race, income, religion, or any other factor. Family violence can affect married, divorced, and separated couples. It can also occur between former partners, exes, LGBTQIA+ couples, and more. The term is also used to indicate abuse that occurs between parents, children, relatives, siblings, and other family members. Regardless of which category you fall in, it’s important to remember the abuse isn’t your fault, and you deserve help.
Domestic violence typically involves physical violence and sexual assault. However, domestic violence can also include other types of abusive behavior. That could be verbal humiliation, intimidation, control, and similar acts. Finally, domestic violence has a cyclical nature. It can repeat through a pattern that the abuser sometimes uses to control the other party. That’s why it can sometimes be difficult to contact a law office and obtain legal services.
In Texas, 2018 data shows that there were over 197,000 domestic violence incidents. On a national level, family and domestic abuse are estimated to affect ten million people each year. Generally, Texas courts and the Department of Justice treat domestic violence as a serious issue. The courts strive to protect the families and also give them an opportunity to heal. They may provide a level of protection that will keep families safe from future violence. Also, the law could place restrictions on the abusers to save the families from further harm.
How a Lawyer Can Help
Many local law firms are unfamiliar with Texas domestic violence laws, and victims are quite often unsure of how to deal with the threat. Rest assured, our lawyers have plenty of expertise in this area and can:
- Help you identify if you qualify as “family” in domestic violence charges according to the Texas Family Code.
- Help you determine if the family violence charge was a crime. As mentioned, “abuse” has a broad definition that includes physical, mental, and emotional injury.
- Enable you to deal with other forms of domestic abuse that aren’t based on marital or family relationships. That includes abuse from members of your household who are not related to you, i.e., roommates. It also includes all violence occurring in dating relationships.
- Assist you in gathering helpful evidence on the relevant degree of felony before going to court.
- A lawyer should also be able to assist you with false domestic violence cases or allegations.
What Happens Next?
When you seek legal advice, you will often be advised to file for a protective order. After examining your case, the prosecuting attorney can submit the application on your behalf. This application has to contain detailed descriptions of the abuse. A criminal defense lawyer can also help you gain temporary protection from the court. This is done via an immediate temporary protective order.
Then, at the hearing, your attorney can present the court with evidence. That includes a testimony or physical evidence in the form of photos or recordings. If the court determines that the accused has indeed committed abuse and is likely to repeat it in the future, it will grant a protective order. A protective order places significant limitations upon many Constitutional rights of the abuser. According to Texas law, protective orders last for up to two years, but they can be extended under certain circumstances.
Contact Davis, Ermis & Roberts Today
If you or someone you know finds themself a victim of domestic violence, Davis, Ermis & Roberts can provide you with a full scope of legal assistance. If you or someone you know is experiencing the threat of domestic abuse, contact us when you’re ready. We’ll discreetly consult you about how to proceed with your case.