What is a Domestic Violence Protective Order? 

In Texas, a protective order for domestic violence is designed to protect people from domestic violence by restricting the abuser’s actions and proximity in regards to the victim. These orders can include provisions that prevent the abuser from contacting the victim, from approaching their residence, and even possessing firearms.

Know What You Must Prove: Domestic Violence Protective Orders in Texas

You cannot automatically qualify for a domestic violence protective order in Texas. However, you can get one put in place with sufficient allegations. Here is what you need to prove to get one:

• A Protected Relationship: To obtain a domestic violence protective order, the petitioner (victim) must have a qualifying relationship with the abuser. Under Texas law, these relationships include spouses, former spouses, co-parents, and people in current/past dating-like relationships.
• Evidence of Abuse: Next, you must be prepared to provide evidence of abuse or an actionable threat of abuse. Along with other things, the evidence may include medical records, police reports, photographs of injuries, and written accounts of incidents. Testimony from witnesses—family, friends, neighbors, etc—may also be relevant. Notably, evidence that the abuser has made specific threats or has a history that suggests a risk of future harm can be compelling. Further, any communications that support your claim—text messages, emails, social media posts, etc—can be relevant.

The protective order process is complicated. For domestic violence victims who are going through a very stressful time, it can be a challenging process. You do not need to go through everything alone. A top-tier Houston domestic violence attorney can help.

 Note: Domestic violence victims in Texas can seek a temporary protective order based on their allegations. In other words, if you plead sufficient allegations of domestic violence, a temporary protective order can be put in place before the abuser has a chance to respond. A full protective order can only be put in place in Texas after the abuser has an opportunity to raise a defense.

 Contact Our Domestic Violence Lawyer for Family Law Today

At Lindamood & Robinson, P.C., our Houston family lawyer provides compassionate advocacy to domestic abuse victims. If you have any questions or concerns about obtaining a protective order for domestic violence, please do not hesitate to contact us today. With an office in Houston, we provide family law representation throughout the surrounding region in Southeast Texas, including in Harris County, Galveston County, Montgomery County, Fort Bend County, and Brazoria County.

Source:

texasadvocacyproject.org/statistics

A domestic violence allegation carries both criminal and family law implications. This raises an important question: How do I protect my family law rights if I am falsely accused of domestic abuse? Here, our Houston domestic violence lawyers highlight the key steps that you need to take if you are wrongly accused of spousal/intimate partner abuse in Texas.

Three Steps to Take If You are Falsely Accused of Domestic Abuse in Harris County, TX 

1. Avoid Any Direct Confrontation of the Accuser 

The first step to dealing with a false domestic violence allegation is knowing what not to do. You should never confront the accuser directly—especially in an angry manner or in violation of a temporary protective order. While it is normal to be frustrated, hurt, and confused, it is crucial that you handle false allegations in the proper manner. Once formal allegations have been made, it is a legal matter. You should work through your attorney. Confronting your accuser on your own could potentially cause very serious problems. 

2. Secure and Organize Any Exonerating Evidence 

Do you have any evidence that helps to support your version of events? If so, it is important that you secure and organize that evidence and information. Take a moment to write down exactly what happened, including when you learned of the allegations. If you have any relevant evidence—a text message, phone records, photographs, video, a witness statement, etc.—make sure you save it. The more supporting information you have, the better off you will be. 

3. Get Help From a Family Law Professional (Before a Protective Order Hearing) 

In Texas, an individual may be able to obtain a temporary restraining order (protective order) based largely on allegations alone. However, these orders only last until there is a full hearing on the matter. During a protective order hearing, you will have an opportunity to present your side of the case. You do not want to miss out on your chance to protect your family law rights. Consult with an experienced Houston, TX domestic violence attorney. If possible, you should speak to a lawyer before a protective order hearing. 

Schedule a Confidential Consultation With Our Houston Family Law Attorneys

At Lindamood & Robinson, P.C., our Houston family lawyers have the skills and expertise to handle domestic violence issues. If you were falsely accused of spousal abuse or intimate partner violence, we are prepared to help. Contact us now for a completely confidential case evaluation. With an office in Houston, we provide family law services throughout Southeast Texas, including in Harris County, Brazoria County, Fort Bend County, Chambers County and Galveston County.

Resource:

dps.texas.gov/sites/default/files/documents/crimereports/16/citch5.pdf

Understanding Child Custody Orders

When a judge is determining child custody, they attempt to establish which parent will best serve the emotional and physical needs of the child. In Texas, child custody is divided into two categories: possession/access and conservatorship. Possession and access refers to where the child lives and the frequency in which they visit the other parent. Conservatorship involves who has the right to make important decisions about the child’s medical, religious, educational needs.

Understanding Domestic Violence

The state of Texas sometimes refers to domestic violence as family violence. It occurs when one member of the family causes, or attempts to cause fear of injury or immediate harm or sexual assault of another member of the family. This type of abuse may include mental abuse or physical violence as well as threats to hurt a family member.

There are a number of ways that Texas offers protection for domestic violence victims. One of these is a protective order. This type of order may be appropriate in situations where the abuse has been ongoing, and the victim fears abuse in the future. A protective order will likely be granted by the judge if they determine that abuse has already occurred and is likely to occur again.

Domestic Violence and Custody Orders

When a court determines which parent should have conservatorship and possession of a child, the laws of Texas prevent the court from making the parents joint conservators if there is a history of sexual or physical abuse of one parent against the other parent, child, or spouse. Texas statutes will also prevent a parent from having possession of their child if they have had a history of violence in the past two years or have sexually abused or assaulted the child.

Although a history of domestic violence may limit a parent’s chances at being the sole conservator of a child, they may still have access and custody rights to their child in the following situations:

• The child’s emotional and physical health would not be endangered by the abusive parent having visitation or access to the child.
• The abusive parent’s visitation and access to the child would be in the best interests of the child.
• A visitation order to protect the child is already in place.
• The abusive parent may have supervised visitation and be required to complete a program for treatment.
  

Contact a Family Law Attorney Today

The Houston attorneys at Lindamood & Robinson, P.C. have decades of experiencing helping people just like you navigate their way through the complicated divorce legal system. With the visitation of your child at stake, it is vital to have experienced legal representation. Contact us today to schedule a consultation.

Resource:

statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm

How a QDRO Works

There are two essential elements of a QDRO. First is the domestic relations order. Second is the qualification. A Texas judge typically issues the order under the domestic relations law of the state. This will occur during the property settlement phase of the divorce process. This order effectively assigns a property interest you have in your 401(k) to an alternate payee. 

Different Types of QDROs for Different Types of Retirement Plans

There is no uniform QDRO that can be used for any and all retirement plans. That is because each plan is different and carries a unique set of rules relating to such orders. This includes corporate retirement plans, military retirement plans, state and federal government retirement plans, etc. Though, some employers (especially large employers with HR Departments)  will have a standard form you can access and fill out. 

Important QDRO Limitations

It is important to understand that a domestic relations order cannot create new benefits or increase benefits for the plan participant or the alternate payee. It also cannot modify plan rules or create different vesting or distribution schedules under the plan. The order must comply with all rules and regulations associated with the benefit plan. 

QDRO and ERISA

When a QDRO is entered and it relates to an employee benefit covered by ERISA (Employee Retirement Income Security Act of 1974), the plan administrator must qualify it before any segregation can occur. The order becomes qualified (that’s where the Q comes from in QDRO) when it meets all ERISA requirements. For example, the order needs to identify the participant, the alternate payee, the plan, the time period for which it applies and the dollar amount or percentage that is to be divided between the parties. 

Qualifying an Order Takes Time

Unfortunately, getting a domestic relations order qualified under an ERISA employee benefit plan is not a quick process. In fact, it can take well over a year before the order is qualified and goes into effect. This because if a mistake is made in drafting the domestic relations order, a plan administrator has the authority to reject the order and send it back for further modification.

Once a QDRO goes into full effect, the plan administrator will then segregate the benefits and give the alternate payee access to their portion of the benefits. 

Speak to a Houston Divorce Lawyer Today

As you can see, the divorce process can get complicated if you and your spouse has significant assets and multiple retirement plans through an employer. We can help. The Houston divorce lawyers at Lindamood & Robinson, P.C., have years of experience and are fully capable of guiding you through a complicated divorce process.

Resource:

trs.texas.gov/Pages/active_member_qdro.aspx

Temporary Ex Parte Protective Order

An ex parte order is issued by a court in order to provide a victim and the victim’s family protection from their abuser, without notification being provided to the abuser beforehand. In order for an ex parte protective order to be issued, the victim must show the court that the abuser has presented a clear and present danger of violence to the victim or their family, giving the court reason not to notify the defendant of the hearing. As mentioned in the title, this type of order is exactly that: temporary. The order will last for 20 days with the possibility of extension for another 20 days. The possibility of extension is only granted if the defendant has not yet been served.

Final Protective Order

Final protective orders are granted by the court at a hearing where both the victim and the defendant have an opportunity to be present. Generally, these orders are in effect for up to two years, with the possibility of extension under certain circumstances. After one year, the defendant may ask the court to have the order discontinued, by a showing that the order no longer needs to be in effect. A judge may grant an order for longer than two years if the defendant has caused serious bodily injury to the victim or your family member, or you have had two or more protective orders previously issued against the defendant where the judge found the defendant was violent against you or your family member.

Do You Need to File For a Protective Order? Contact Us Today for Assistance

Domestic violence or the threat of such is a serious offense that is punishable by law. If you or someone you know has been the subject of domestic violence, stalking, or assault, you have a right to seek legal assistance and get the justice you deserve. Reach out to us today at Lindamood & Robinson, P.C. in Houston and let us get started helping you with your case.

Resource:

tcfv.org/pdf/resource-center-assets/Protective_Order_Broch2.pdf

Dating Violence

Protective orders are not just available to those who are married or formerly married; Texas also recognizes dating violence. A judge will consider the length of the relationship, its nature and the type of interaction experienced between the parties involved in the relationship when determining whether it was a dating relationship qualifying as dating violence. The same acts such as intention to physically harm, or the threat thereof are seen as reason to provide a protective order to a party who is in a compromised dating relationship.

Who Can File?

There are certain parties that can apply for a protective order. Although you may know someone you think should obtain a protective order, you cannot do so on their behalf. An adult member of a home or of the family may apply for protective orders, as well as an adult who is seeking protection of a child, which does not have to be their own, a prosecuting lawyer on behalf of the state, as well as the Department of Human and Regulatory Services.

Will They Be Removed From the Home?

Every family has their difficulties, however, some situations warrant removal if violence is occurring. In the event the potential abuser is also in the home in which the abused resides, the abuser may be removed if the home is jointly leased or owned by the abused individual solely; or, if the home is owned by the abuser, if he or she has an obligation to support you or your child, you may be able to obtain exclusive possession.

Are You Thinking about Filing for a Protective Order?

If you or someone you know is seeking a protective order due to the violence of a partner, you have rights to pursue legal recourse. You do not have to continue suffering in an abusive relationship. Please do not hesitate to call the experienced lawyers at Lindamood & Robinson, P.C. today in our Houston office at 713-654-2112, or simply reach out using our website and we will contact you.

Resources:

texaslawyergeneral.gov/cvs/protective-orders

womenslaw.org/laws_state_type.php?id=592&state_code=TX