AREAS OF REPRESENTATION
Protective Orders & Domestic Violence
Domestic violence has become an epidemic and it affects individuals regardless of age, gender, sexual orientation, economic status, race, religion, or nationality. In cases of domestic violence, our team of legal advocates can help you navigate the necessary legal processes to protect yourself and your children. Domestic violence can be both a cause and an effect of divorce; in fact, if your spouse has a history of abuse, you may be at the most risk when you decide to leave. TWLAW will work to help you safely get out of an abusive relationship and protect your family. From protective orders to emergency custody orders, we will do everything in our power to ensure that you and your children are protected.
Domestic violence can have a profound effect on child custody cases. In Texas, the presumption is that parents should share joint legal control of the child; but when there is violence by one parent against the other, that presumption changes.
What is Domestic Violence
Domestic violence can take a number of forms and applies to relationships between you and a spouse, an intimate partner, roommate, family member, or parent of your child. It is important to define domestic abuse so you can get the help you need. Most importantly, domestic violence can result in physical injury, psychological trauma, and even death. The toll of the trauma, regardless of the form, can result in a pathology of continued abuse that crosses generations and causes a lifetime of dysfunction for families.
Acts that are considered domestic violence include:
- Causing physical harm, or attempting it
- Committing sexual assault
- Sexual abuse
- Threatening, harassing, or stalking
- Verbal and Social abuse
- Destroying personal property
Emergency Protective Orders
The first step to take when you fear for you or your children’s safety, is to CALL 911! The next step is to seek an emergency protective order. This can be obtained by calling your local law enforcement office or seeking one through the courts. An emergency protective order places a temporary restraint on the abuser, legally requiring him or her to stay away. In the state of Texas, these orders generally only last 20 days, allowing you the time to present your case to the courts so you can obtain a longer term protective order, generally lasting for two years.
Domestic Violence & Custody
If you fear that the safety and well-being of your children are at stake, your first instinct is to remove them. However, it is critical that you also take the proper legal steps to request an emergency protective order to avoid any potential ramifications. This order will grant you temporary custody until there is a court-ordered custody arrangement. A court may grant a violent parent visitation rights, but you have the right to request that the visitation be supervised, either by you or a court-appointed supervision. In such an instant, it is also recommended that the supervised visitation occurs in a public place. TWLAW will work diligently on your behalf to ensure that you and your children are protected and safe.
Adopting a child is a wonderful and caring endeavor. People choose to adopt for two main reasons; the desire to help a child or because they are unable to have children of their own. Whatever the catalyst for your decision, TWLAW will help guide and protect you through the process of becoming a parent to a your child. While the decision to bring a child into your family is an emotional one, there are also legal requirements and ramifications that must be properly taken care of to ensure stability for you and that child. Some of these requirement and steps may be confusing and overwhelming. Our job is to make sure that you enjoy bonding and preparing for the arrival of your child, while we handle the legal side of things.
Let us help you start and complete the process of bringing a child home to a warm and loving environment that will change their lives for the better.