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Domestic violence and protective orders

| Jan 18, 2017 | Domestic Violence |

Learning that your spouse has filed for a protective order against you in Texas can be a devastating blow, and while the consequences have the potential to destroy your relationship, the legal outcome could be even more damaging. At R. Todd Bennett, P.C., we are aware of the burden of proof required for the issuance of the order, and how our clients may defend themselves.

Protective Orders in Texas, a study conducted by a group of state organizations, explains that a violent act is considered family violence if you actually intend to hurt your spouse or child. However, it could also be ruled family violence if your spouse feels that you have threatened him or her in a way that causes valid fear for safety. You are allowed to defend yourself if your spouse attacks you, though.

The court has to rule not only that there is reasonable grounds to believe that your spouse’s claims are true, but also that you probably will cause further harm if allowed access to him or her. Your spouse has to provide the evidence of this.

Your community’s prosecutor plays a role in whether your spouse is able to request a protective order because the policies and procedures are often determined locally. For example, some require that the alleged victim has a report from law enforcement, while others do not. Whether a child custody order may be included with the family violence protective order is another factor that varies. Knowing the preferences and practices of the prosecution may affect the outcome of the case. More information about domestic assault is available on our web page.

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