At the Eggleston Law Firm, PC, in Austin, TX, we take pride in our track record and our wealth of experience in family law. If you need a family lawyer in a case that involves a high-conflict situation or domestic violence, you can count on us for the legal advice and protection you need.

7 Strategies for Handling Domestic Violence Issues in Family Law

Under the Texas Penal Code, domestic violence is defined fairly broadly to include not just physical harm and bodily injury or assault, but also the threat of imminent harm against a family member, household member, or someone with whom the perpetrator has a dating relationship.

Domestic violence also includes behaviors such as emotional abuse, stalking, and harassment, though the non-physical nature of these behaviors means that these are often harder to prove in a legal context. Texas law categorizes domestic violence into three primary types:

Family Violence

This is defined as acts committed by a family or household member that result in physical harm, bodily injury, assault, or a threat that places the victim in fear of imminent harm.

Dating Violence

This is similar to family violence but occurs within a romantic or dating relationship. The definition of a dating relationship in Texas is broad and considers both the nature and duration of the relationship.

Child Abuse

This includes any form of physical, emotional, or sexual abuse inflicted on a child by a family or household member.

In Texas, the legal system provides victims of these kinds of abuse with various mechanisms to address and mitigate the impact of domestic violence on their families.

1. Contact Law Enforcement

If you or your children are in immediate danger, you should always call 911. Texas law enforcement officers will investigate and either arrest your abuser or make sure that you and any children or others in the house are able to leave safely. An officer must protect you, no matter who your abuser is or your exact relationship to them.

2. Seek a Protective Order

A protective order, also known as a restraining order in some states, is one of the most powerful tools available to victims of domestic violence in Texas. Obtaining a protective order in Texas involves filing a petition with the court. You must demonstrate that family violence has occurred and is likely to occur again, and the protective order will then prohibit your abuser from committing further acts of violence through restrictions, such as disallowing them to contact you or come near a home, workplace, or school.

Temporary Ex Parte Protective Order

This is an emergency order that can be issued without your abuser being present in court. It is designed to provide immediate protection and typically lasts for 20 days, though it can be extended if necessary. You can obtain this order quickly, often on the same day that you request it.

Emergency Protective Order (EPO)

An EPO is typically issued after an abuser has been arrested for domestic violence. It provides immediate protection and can last between 31 and 61 days, depending on the circumstances.

Final Protective Order

A final protective order is issued after a court hearing where both the victim and the abuser have the opportunity to present their case. This order can last up to two years, and in some cases, it may be extended for a longer period, especially if the abuser has a history of violence or if the victim remains at significant risk.

Violating a protective order in Texas is a criminal offense and can lead to your abuser being arrested, fined, and imprisoned. You should report any violations to law enforcement immediately and document all instances of non-compliance. Courts take violations of protective orders seriously and may impose stricter conditions or longer durations for the protective order in response.

3. Seek Emergency Custody of Any Children

If you have a child or children, you can request an emergency custody order from the court to temporarily remove the abuser’s access to them. This will help to ensure your safety while further legal proceedings are underway.

4. File for Divorce

Texas allows for both no-fault and at-fault divorces. If you have been subject to domestic violence from a spouse, then you can file for an at-fault divorce, citing cruelty as the reason. This will have an impact on the division of property and spousal support granted. Any documentation you have of the abuse will be important to prove your case.

In Texas, divorces usually require a waiting period before they can be finalized. However, in a case where there has been domestic violence, a judge may waive this period so that your divorce can ​go through more quickly.

5. Obtain Sole Custody

Texas law in awarding child custody is primarily concerned with what is in the best interests of the child or children. While in general the court considers it to be good for a child to have a relationship with both parents, it presumes that it is not in the best interest of the child to award joint managing conservatorship (joint custody) if there is a history of domestic violence.

6. Request Supervised Visitation

If a parent has a history of domestic violence, the court may order supervised visitation. This means that the parent can only visit the child in the presence of a third party; typically a social worker or another responsible adult. Supervised visitation ensures that the child remains safe while maintaining a relationship with the parent.

7. Seek Termination of Parental Rights

In extreme cases, where domestic violence poses a severe and ongoing threat to the child’s safety and well-being, we may be able to petition a court to terminate the abuser’s parental rights. This is different from seeking sole custody of your child or children. Termination of parental rights permanently severs the legal relationship between the parent and child completely, so the parent will no longer have any right to custody, visitation, or decision-making authority over the child.

Termination is a drastic measure and typically occurs when other interventions, such as supervised visitation, are deemed insufficient to protect the child. For example, it may be granted if the court is given clear and compelling evidence that the parent has endangered their child’s physical or emotional well-being or allowed the child to remain in a situation that endangered them. Termination of parental rights may also be granted if the parent is convicted of any crime that caused the death or serious injury of any child.

Hire Us as Your Family Lawyer in Austin, TX

When facing the prospect of seeking legal protection from an abusive partner, spouse, or family member, it can be difficult to know what to do first. With us as your attorneys, you can be sure that nothing you need will be overlooked. We can help you file legal petitions, prepare for your hearings, and represent you in court.

If you have suffered violence from a partner or family member, you don’t have to go it alone. Get in contact with us at the Eggleston Law Firm, PC in Austin, TX, for a consultation on your situation. Whatever your circumstances may be, our priority is ensuring that you get the just resolution that you deserve.