Domestic Violence Lawyer Arlington TX
There are several levels of protection for domestic violence survivors including civil and criminal restraining or protection orders to help protect themselves from being abused further. None of these options can guarantee the abuser will not hurt or stalk the victim; however, they permit the victim to contact law enforcement to have the abuser arrested if they violate the order.
Each domestic violence lawyer in Arlington, Texas at Brandy Austin Law Firm has extensive experience dealing with issues of domestic violence and can work with you to help get the best possible protection from your abuser. There are several levels of protection offered by the courts. These include:
Protection Orders
There is the equivalent of a ‘protection order’ in every state and in D.C. although some states have a different name for it. Texas, Illinois, and New York call them orders of protection, California uses the term ‘restraining order’ and Florida refers to a protection order as an ‘injunction for protection against domestic violence’. As an Arlington TX domestic violence lawyer can explain, it offers the same coverage.
The length of time the order is in effect varies, but can be, in extreme instances, for an entire lifetime. The victim has the option of renewing the protection order if they still feel threatened by their abuser.
There can be several provisions to a protection order:
- Counseling Provision — The abuser is ordered to participate in some type of counseling, such as an anger management or batterer’s intervention program.
- No Contact Provision — The abuser is prohibited from texting, calling, emailing, stalking, hitting, attacking, or disturbing the victim.
- Stay Away Provision — The abuser is ordered to remain a specified number of feet or yards from the victim, their home, car, job, and school.
- Provision to Move Out — The abuser is required to move out of a residence they share with the victim.
- Peaceful Contact Provision — Limiting reason to contact a victim to issues concerning their child, such as care and visitation transfer.
- Firearms Provision — The abuser is prohibited from purchasing any firearms and is also required to surrender any firearms in their possession.
The protection order can be expanded to include other family members, children, roommates, or anyone currently romantically involved with the victim. In some states, pets are protected by the same order.
A domestic violence lawyer in Arlington TX can help you obtain a protection order and file the necessary legal papers with the court.
Restraining Orders
A restraining order can be a part of a divorce case and orders parties involved in a lawsuit to do or not do specific things. A restraining order can be requested by one party without contacting the other party. Restraining orders also differ from state to state. Your domestic violence lawyer can discuss with you the laws in your state.
Violating Protection Orders
Depending upon the laws of the particular state, violation can be enforced in three different ways: a misdemeanor, a felony, or contempt of court. In many states, law enforcement officers will automatically arrest violators of protective orders.
Getting professional legal help is so important. A domestic violence lawyer Arlington TX clients recommend from Brandy Austin Law Firm will fight on your behalf, submit the required paperwork, and be your best advocate in court.
If you are looking for a domestic violence lawyer Arlington TX can trust, contact Brandy Austin Law Firm. Domestic violence occurs when someone that you live with or have a relationship with hurts you. Usually, this involves a pattern of abusive behavior of a particular individual to a family member. Domestic abuse can be a psychologically draining experience because someone that you should be able to love and trust is causing you harm. Some people will not seek outside help in these situations due to the attachments that they have to their abusers. However, it is important for your health that you contact help immediately whether it be contacting the local authorities or a friend.
An experienced domestic violence lawyer Arlington TX believes in can assist you with seeking justice and doing what it takes to make sure that you and the rest of your family are safe from all types of abuse that were brought on by the abuser. One form of domestic violence is physical abuse. This includes any kind of physical harm brought on to the victim by the abuser like punching, hitting, or denying medical treatment. This also includes being forced to consume drugs or alcohol. Another common type of abuse that may be more difficult to recognize is emotional abuse. Emotional abuse includes tearing down the victim’s self-esteem through constant criticism. Sexual abuse occurs when an abuser is forcing the victim into sexual behavior or sexual contact without consent including marital rape and sexual demeaning. Psychological abuse includes constant intimidation and threats to harm family members or pets that cause the victim(s) to be living in fear. Lastly, economic abuse is when an abuser prevents the victim from working, blocking their access to funds, or any attempt to make the victim powerless financially.
Any type of abuse is a serious offence that needs to be handled so that you can be safe from the abuser. If you feel that you are in an abusive relationship with a loved one or family member, contact a domestic violence lawyer Arlington TX respects and the community can trust by contacting Brandy Austin Law Firm.
Domestic violence can also occur when an ex or a family member stalks or cyber stalks you. This would include harassing and following, and showing up uninvited at a victim’s home or work. Cyber stalking occurs when a victim is caused distress by online harassment. Although women are the most common victims of domestic violence, it can happen to anyone. Victims can be abused by dating partners, spouses, parents and children, individuals who are living together, or family members. Foster children can also be considered “domestic” when it comes to abuse in the state of Texas.
After contacting a domestic violence lawyer Arlington TX can trust, like Brandy Austin Law Firm, the lawyers can decide how to prosecute the criminal. The prosecutors need to be able to prove that the defendant carried out the violent act intentionally. If the victim sustained an injury as a result of the abuse, the prosecutor must prove that the actions of the defendant were the cause. There is a wide range of punishment that someone with a criminal charge for domestic violence can receive. For a class C misdemeanor, the defendant can be fined up to $500. The most severe sentencing is a fine up to $10,000 and 20 years in prison for a second-degree felony.
Some of the factors that influence the verdict are the type of relationship between the victim and the defendant, whether the defendant has past convictions, and whether the domestic violence included strangling or suffocating of the victim.
An experienced domestic violence lawyer Arlington TX counts on will know the common tactics used by the defense attorney in hopes of the abuser being found as not guilty. These include claiming that the abuse was unintentional, that the defendant did not know what was happening, the alleged domestic violence did not occur, or that it was committed in self-defense. A top domestic violence lawyer Arlington TX respects, like those that you will find at Brandy Austin Law Firm, will be able to anticipate the claim that the defense attorney will make so they can use evidence against them.
Remember that the most important thing to do if you feel that you are a victim of domestic violence is to seek protection. This could include obtaining a temporary restraining order. Keep the protective order with you so that if the abuser violates the order, you can call the police immediately. Tell loved ones that you have obtained an order so that everyone can be prepared to protect themselves and any children involved if the police are not able to respond to a call immediately. It is also a good idea to change the locks on your doors and get an unlisted telephone number. If you are in need of an excellent domestic violence lawyer Arlington TX regularly uses, call Brandy Austin Law Firm.
