Domestic violence is a serious issue that affects individuals and families across Texas. The legal system provides different avenues for addressing these cases, depending on whether they are handled in criminal court or family court. If you or someone you know is experiencing domestic violence, understanding these legal distinctions and available protections can help you make informed decisions.
This guide will explain how domestic violence is defined under Texas law, the role of protective orders, alternatives to protective orders, and the steps to safely leave an abusive situation.
How Domestic Violence Is Handled in Texas Courts
Texas law defines domestic violence in two primary legal contexts: criminal court and family court. These two systems approach the issue differently, leading to varying outcomes and consequences.
Criminal Court
Domestic violence cases in criminal court require the highest burden of proof—beyond a reasonable doubt. If convicted, the accused may face penalties such as jail time, probation, fines, or other legal consequences. Criminal cases are pursued by the state, meaning that even if the victim does not want to press charges, prosecutors may still proceed if there is sufficient evidence.
Common criminal charges related to domestic violence include:
- Assault (Family Violence) – Physically harming or threatening harm to a family or household member.
- Aggravated Assault – An assault involving serious bodily injury or a deadly weapon.
- Continuous Violence Against the Family – Repeated acts of family violence within a certain timeframe.
- Violation of a Protective Order – If an accused person disobeys the conditions of a court-issued protective order, they may face additional criminal charges.
A conviction for domestic violence can have long-lasting consequences, including difficulty finding employment, restrictions on firearm ownership, and impacts on parental rights.
Family Court
In contrast, family court operates under a lower standard of proof. A judge can make a “finding of family violence” without requiring proof beyond a reasonable doubt. This finding can have significant implications for divorce proceedings, child custody arrangements, and property division.
A person found to have committed family violence in family court may face:
- Restrictions on child custody and visitation rights
- Limitations on shared property access
- Court-ordered counseling or intervention programs
While these two legal systems function independently, their outcomes can overlap, influencing decisions in both criminal and family law matters.
Protective Orders in Texas: What You Need to Know
A protective order is a legal document issued by the court to prevent further acts of family violence. These orders impose specific restrictions on the alleged abuser, including prohibiting contact with the victim, restricting access to certain locations, and preventing firearm possession.
Types of Protective Orders
Texas law provides different types of protective orders based on the urgency and severity of the situation:
- Temporary Ex Parte Protective Order – A short-term emergency order issued without the accused being present, lasting up to 14 days.
- Final Protective Order – A long-term order issued after a court hearing, typically lasting up to two years but extendable in severe cases.
- Magistrate’s Order for Emergency Protection (MOEP) – An order issued by a magistrate at the time of an alleged offender’s arrest, commonly in cases involving serious injury or a deadly weapon.
How to Obtain a Protective Order
Filing for a protective order involves several key steps:
- Filing an Application
- The process begins with submitting an application for a protective order, which includes a written affidavit detailing the abuse. This application is filed in family court.
- Ex Parte Protective Order
- If the court determines that the affidavit contains sufficient evidence of family violence, the judge may grant an ex parte protective order. This temporary order lasts up to 14 days and provides immediate protection while awaiting a full hearing.
- Final Protective Order Hearing
- A hearing is scheduled, allowing both parties to present evidence. If the judge finds that family violence has occurred and is likely to occur again, a final protective order may be granted, typically lasting up to two years, with the possibility of extensions in severe cases.
Protective orders offer strong legal protections, but obtaining one requires a clear legal strategy. Consulting an attorney can help ensure the best course of action.
What If a Protective Order Isn’t the Right Choice?
In some situations, seeking a protective order might not be in the victim’s best interest. For example, if the accused is the primary earner, a protective order could jeopardize their employment, potentially affecting child support or spousal support payments.
In such cases, a Temporary Restraining Order (TRO) with Extraordinary Relief might be a more suitable alternative. A TRO can provide similar protections without the long-term consequences associated with protective orders.
Benefits of a TRO
- Can order an abusive spouse to leave the home, ensuring the victim has exclusive use of the residence during the divorce process.
- Does not require proof of ongoing danger but instead focuses on maintaining stability and preventing escalation.
- Can include provisions related to financial support, custody, and other urgent matters.
Choosing between a protective order and a TRO depends on the specific circumstances. An experienced family law attorney can help determine the best approach.
Planning a Safe Exit from Domestic Violence
Leaving an abusive relationship is a significant decision that requires careful planning to ensure safety. One of the most important steps is preparing a go bag with essential items in case you need to leave quickly.
What to Include in a Go Bag
A go bag should contain necessary items that will help you transition safely, including:
- Identification documents (driver’s license, Social Security card, passport)
- Emergency cash or financial resources
- Important legal documents (birth certificates, insurance cards, court documents)
- Several days’ worth of clothing for you and your children
- Basic hygiene and medical supplies (toothbrush, medications, first-aid kit)
Where to Store Your Go Bag
To prevent discovery, keep your go bag in a secure but accessible location:
- With a trusted friend or family member
- In a safe location at your workplace
- In your car, if it can be stored discreetly
Working with an Attorney to Plan Your Exit
Even if you are not ready to leave immediately, working with a family law attorney can help you develop a safe exit strategy. An attorney can assist with:
- Timing your departure to minimize risk
- Coordinating the filing of legal actions, such as divorce or protective orders
- Ensuring financial resources are in place before leaving
- Connecting you with resources such as shelters, counseling, and advocacy groups
Attorneys familiar with domestic violence cases understand the importance of prioritizing safety while navigating the legal system.
Taking the Next Step
If you are in a domestic violence situation, you don’t have to go through this alone. Whether you need legal protection, an alternative to a protective order, or assistance in planning a safe exit, Youngblood Law is here to help.