Domestic violence is a serious issue that can affect anyone, regardless of background or circumstance. In Texas, the law provides several protections for survivors, ensuring that they are not left without support. Understanding these protections can be crucial for those in need of help and safety.
Protective orders
In Texas, one of the most common legal protections available to survivors of domestic violence is a protective order. A protective order, often referred to as a restraining order, is a court-issued document designed to keep the abuser away from the survivor. There are two types: a temporary ex parte protective order, which is issued quickly to provide immediate relief, and a final protective order, which is issued after a hearing. The abuser may be ordered to stay away from the survivor’s home, workplace, or children’s school.
Family violence and the criminal justice system
State law defines domestic violence as “family violence,” and those who have faced family violence can report it to law enforcement. The abuser may face criminal charges, including assault or aggravated assault. The survivor can work with prosecutors to ensure the abuser faces appropriate penalties. Survivors can also seek criminal restitution for damages or losses incurred due to the abuse.
Child custody and visitation rights
When there is a history of domestic violence, Texas courts prioritize the safety of children in custody disputes. If the abuser has been involved in violence, the court may modify custody arrangements, limit visitation rights, or even terminate the abuser’s parental rights. The goal is always to ensure the child’s safety and well-being.
Financial protections
In some cases, survivors of domestic violence may be able to access financial assistance. Texas provides resources for financial relief, including housing programs, temporary financial aid, and access to legal services. In certain circumstances, survivors can also request spousal maintenance, ensuring financial stability if they were dependent on the abuser.
Texas offers several robust legal protections for survivors of domestic violence, focusing on safety, financial stability, and the well-being of children.