Frequently Asked Questions About Family Violence

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At Laura Dale & Associates, we are strong advocates for the victims of domestic violence. On this page you will find some answers to frequently asked questions about family violence in Texas. If you are a victim of family violence and you need legal advice, please contact our firm immediately.

Is it difficult to obtain a protective order?

Yes, it can be difficult. The burden of proof is on the victim and he or she must come to court prepared to show the judge evidence that (1) an act of family violence has occurred, and (2) that it is likely to occur in the future. There are many strategic decisions that need to be made when it comes to cases involving family violence. There is no substitute for experience in this area of the law.

How long will it take to obtain a temporary order for protection?

Ex-parte orders (short term temporary orders based on an affidavit by the victim) are often granted quickly, but must be followed within a short period of time by a full hearing on the matter. After the judge has heard evidence, he or she will grant or deny the Application for Protective Order. The order often lasts for a 2-year period, but can be of a shorter duration, and is generally not renewed unless a new act of violence occurs within the protected period. In the event of a new act of family violence, the court can extend the protective order for a one year period.

What will the protective order accomplish?

An order can remove the perpetrator of violence from your residence and bar her/him from coming near your home, place of employment and/or child’s school. The order is also designed to prevent abusive communications between the perpetrator and victim(s). While in Texas, police will not enforce a civil order, they will enforce a protective order, which provides an added layer of security of a victim of family violence.

How long is the temporary order valid for?

A temporary ex-parte protective order may remain in effect for a period not to exceed 20 days. However, on the request of the applicant or on the court’s own motion, a temporary ex parte order may be extended for additional 20-day periods.

I have been wrongfully accused. Can you help me?

Yes. In addition to our work on behalf of family violence victims, we also represent those who are being victimized by false accusations.

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If you need help protecting yourself and your children from family violence, contact us today for a consultation with a lawyer.

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