Domestic violence is a problem that many people in the country face on a daily basis. Data from the National Coalition against Domestic Violence (NCADV) shows that every minute, approximately 20 people are abused by their partner. Every year, more than 10 million people – a vast majority of whom happen to be women – experience physical and sexual violence by their partner.
If you have been physically or sexually abused or assaulted by your partner, obtaining a restraining order with the help of an Austin domestic violence lawyer might be the best option for you.
What is a Restraining Order and Why Do You Need One?
There are several types of restraining orders or protective orders which are designed to protect victims of domestic violence from their abusive partners. It restrains the actions of the abuser by imposing strict conditions that they have to adhere to.
Some of the conditions that might be included in a restraining order include:
- The abuser has to move out of your home if they happen to live with you
- They cannot commit any act that is intended to alarm, harass, threaten, or torment you
- They have to stay a certain number of yards or feet away from you at all times
- They have to stop calling you, texting you, or emailing you
- They cannot possess any firearm
- They cannot rent out, lease, or sell any property that you co-own with them
Are You Eligible to Get a Protective Order in Texas?
Under Texas law, a person can obtain a protective order if they have been abused by their partner and they are likely to be abused again. The term ‘partner’ in this context refers to the following people.
- Your current or former spouse
- The person you are/were engaged to
- The person you were/are dating
- The person with whom you have a child
How to Get a Restraining Order in Texas?
In order to obtain a restraining order, you can get an Austin domestic violence lawyer to file a petition with the court on your behalf. Upon reviewing your petition and the evidence you submit, the judge will issue an order of protection.
If the threat of physical or sexual violence is imminent, your restraining order attorney might be able to obtain an ex-parte order, which can be issued by the court even in the absence of your partner.
In order to obtain a permanent order, you need to attend a hearing, where your partner will also be present and present their own evidence to dispute your claims. Upon reviewing the evidence presented by both sides, the judge will decide if a permanent restraining order can be issued.
Domestic violence is an issue that you cannot afford to take lightly. In order to ensure your own safety as well as that of your children, you need to obtain a protective order for a sufficient period of time.
Why You Should Be Represented by an Experienced Restraining Order Attorney
Family law attorney Eric M. Willie, P.C., and his legal team are committed to providing high-level legal representation to victims of domestic abuse and violence. We can help you get a restraining order and provide you with the legal counsel and guidance you need to make an informed decision regarding your relationship or marital life.