Protective Orders in Austin
Understanding Family Law in Austin, TX
You should not have to endure harassment, emotional abuse or physical violence from your current or former spouse. You have a right to enjoy a peaceful life, free from domestic violence. An Austin attorney from Menduni Martindill, PLLC can help you petition the court for a protective order against the party who is threatening your safety. We can help you demonstrate to the judge that such an order is necessary on the grounds that your spouse has committed family violence and there is a likelihood that family violence will occur in the future. The violation of such an order can result in an arrest.
A protective order against a spouse or partner can include temporary provisions for support and child custody. A lawyer from our firm is prepared to stand by you throughout the process of ending your marriage, from seeking your protective order to filing for divorce and through to the final settlement. We can also help you make a request to have the protective order extended beyond the divorce, so that you do not have to live in fear of your former spouse.
How can I get a protective order in Texas?
Protective orders are available for victims of domestic violence and harassment in every county in Texas. If you are a victim of domestic violence, you can obtain a civil court order to prevent future acts of violence against you and your family. Protective orders prevent the offender from a) causing further damage, b) make further threats against, and c) going near a day care facility or school attended by your child. You may apply for a protective order through a private attorney, a legal aid service, the district attorney, or the county attorney. You can fill out an application for a protective order in the county that you live in, or in the county that the offender lives in. Additionally, there is no minimum time limit used to establish residency. Once you obtain a protective order, keep it with you at all times and let you friends, family members, neighbors, and schools know that you have it.
Our Austin divorce attorneys can help!
If you have been falsely accused of domestic violence, you have recourse against an unjust protective order. Your attorney can file a motion to vacate the protective order, which will reverse the order if you can demonstrate that it is in the best interests of everyone involved. There are cases where one of the parties to a divorce will request a protective order on false pretenses in order to prevent the other party from having access to the children. It often takes considerable preparation and courtroom skill to persuade the judge that the order is not necessary, and to increase your chances of success, we advise you to retain our services for this purpose rather than attempting it on your own. To learn more, contact an Austin divorce lawyer from our firm today!