Restraining Order Lawyer Dallas, TX
If you are in need of legal assistance in filing a restraining order, then you can rely on a restraining order lawyer in Dallas, TX from Brandy Austin Law Firm, PLLC. When it comes to domestic violence in Texas, the law gives victims several ways to obtain both short-term and long-term help. The State defines “domestic violence” as “a pattern of coercive tactics, which can include physical, psychological, sexual, economic and emotional abuse, perpetrated by one person against an adult intimate partner, with the goal of establishing and maintaining power and control over the victim.”
So, while the police will respond to a 9-1-1 call in almost any physically dangerous situation, obtaining relief from the courts is a somewhat more cumbersome process.
Civil Restraining Order
It is possible for the state to ask for a criminal restraining order on your behalf, but it is generally better to take control of the matter yourself and petition for a civil restraining order with help from a restraining order lawyer in Dallas, Texas.
Even if the abuser does not live in the Dallas area, it is possible to obtain a restraining order in some cases. There are two types of civil restraining orders:
- Temporary: A judge will issue a temporary protective order ex parte, which means without a hearing, if there is good cause to do so. These orders are in effect until there is a hearing.
- Final: At the hearing, the judge may extend the order based on the evidence. Final protective orders normally last two years, but they may be extended up to five years if there are aggravating circumstances, like physical injury or a history of abuse.
Your Dallas restraining order lawyer can fight for the final order to contain provisions that the abuser has to stay away from you, your family members, has limited access to children, and is required to pay child support. In some cases, there may be provisions that allow victims to terminate their leases without financial penalty and order the abuser to surrender any firearms or other weapons.
Other Financial Provisions
Sometimes, a final order compels the abuser to pay the victim’s medical expenses. However, if the judge does not enter such an order, for whatever reason, the victim can file a separate lawsuit to recover damages. If the amount is less than $5,000, that action can be filed in a small claims court. Your Dallas restraining order lawyer at Brandy Austin Law Firm, PLLC can answer any questions you have about seeking damages.
Contact Brandy Austin Law Firm, PLLC Today
If you are a victim of domestic abuse – or your spouse has accused you of domestic abuse, you do not want to go through this process without an experienced attorney. Our team has extensive experience in all aspects of Texas family law, including child custody, child support, division of property, and more. Our legal team will use all available resources to get you the best possible outcome based on the circumstances of your case. Please call a Dallas, TX restraining order lawyer from Brandy Austin Law Firm, PLLC today for protection.