Family or domestic violence is most commonly a form of assault or battery inflicted on a family member by another that results in physical or emotional harm or death. Sadly, domestic violence is fairly common in the United States, and the likelihood of domestic violence increases in volatile relationships on the verge of divorce.
If you are or have been the victim of family violence, you must protect yourself. A common and effective way is to obtain a temporary restraining order (TRO). A TRO is issued by a court and specifically restrains the respondent from threatening, harassing or harming his or her family members. In addition, a TRO serves to preserve the status quo of the marital estate and the status of the children for the first 14 days after the signed order and divorce petition have been filed.
If the threat of violence is more serious, you may choose to seek a protective order. Courts will require a high level of proof of family violence or the threat of family violence in order to issue a protective order. In addition, the victim may be required to testify on the record.
Get legal help today. Call 512-212-4916 to speak with one of our family law attorneys.
Vigorously Protecting Your Rights
Protective orders restrain a person from coming near your home, workplace or other places you frequent. They forbid the abuser from threatening or abusing you or your family members. Upon going into effect, protective orders cannot be violated, even if a spouse relents. If a spouse or ex-spouse fails to comply with a protective order, you can seek recourse with the court to ensure enforcement of the order and, in some circumstances, can seek the assistance and intervention of law enforcement.
The order may also temporarily settle child custody and visitation rights, occupancy of the home, and child or spousal support issues.
The experienced family law lawyers at M. J. Hill & Associates, PLLC, in San Marcos can clarify the requirements, help you understand the information on the documents, provide you with competent legal advice, and assist you in filing the necessary paperwork and presenting that to the proper court.
If you are the victim of false allegations of family violence, we will fight to clear your good name and protect your parental rights and your relationship with your children. In such an event, there are legal remedies that our restraining order attorneys can discuss with you to ensure you know your options and your rights.
Get Help Obtaining A Protective Order
If you are a victim of domestic violence and want legal protection through a domestic violence injunction petition, please contact our restraining order attorney, who can help protect your legal rights and look out for your best interests. Call 512-212-4916 today.