Dallas Domestic Violence Lawyer | Dallas County Domestic Violence Attorney
Domestic Violence in Dallas, TX
Whenever there are divorce cases or custody decisions for couples affected by domestic violence or family violence, courts will give special attention to the history of domestic violence or abuse in the relationship and can entertain an Applica tion for Protective Order.
A family judge in Texas will consider any evidence of intentional use of physical force by the parties in the prior two years when deciding whom to appoint as a managing conservator. The Texas Family Code prevents courts from appointing joint managing conservators if there is evidence of child neglect, physical abuse, or sexual abuse by either party applying for a joint conservatorship.
Courts can also consider a history of domestic violence when deciding whether to deny, limit, or restrict visitation by the non-custodial parent (possessory conservator). In a visitation case involving a history or pattern of domestic violence in the two years proceeding the case, a Texas family court will not grant visitation rights to the party accused of domestic violence unless the court:
- decides that granting visitation rights will not endanger the child's emotional or physical well being;
- requires that either all visitation be supervised by a person of the court's choosing, or that the exchange of the child take place in a protected setting;
- orders that the accused party refrain from the use of controlled substances or alcohol in the twelve hours proceeding the visit and throughout the duration of the visit itself; and
- orders the accused party to complete a battering prevention and intervention program.
Under the Texas Family Code, whenever there is a case involving a history or pattern of child neglect, physical abuse, or sexual abuse, a Dallas family court will assume that it is not in the best interests of the child to have unsupervised visitation with the party accused of child neglect, physical abuse, or sexual abuse, and will require the accused party to present proof to the contrary. When determining whether there is a history or pattern of child neglect, physical abuse, or sexual abuse, a Dallas family court will examine whether a protective order has been issued against the accused party in the two years prior to the proceedings.
Dallas Protective Orders
In a relationship with a history of domestic violence, upon divorce one spouse may need to apply for a protect ive order against the accused spouse. If the domestic violence has been against children, protective orders against the accused party may be filed for them as well. Texas authorities may also file for a protective order on behalf of the abused parties.
Dallas family courts can issue temporary ex parte protective orders, which are granted without giving notice to the accused party. Any application for a temporary ex parte protective order requires a detailed description of all facts about the domestic violence and must be signed under oath. To prevent false applications for protective orders, Texas fines a party $500 for falsely reporting child abuse, and any false report will be admissible in a future family court proceeding.
Free Protective Order Kit Available
The Supreme Court of Texas Protective Order Taskforce developed a Protective Order Kit for victims of domestic violence, which includes sample applications and orders for temporary and final protective orders. It also includes a sample respondent information sheet. You can access the kit by clicking here.
Dallas Area Domestic Violence Assistance:
|
Genesis Women's Shelter Drawer G Dallas, TX 75208 (214) 942-2998 |
Genesis Women's Outreach 4411 Lemmon Avenue, Suite 201 Dallas, TX 75219 (214) 559-2050 |
|
The Family Place |
Salvation Army - Family Violence Program |
|
The Family Place 4211 Cedar Springs Suite 100 Dallas TX 75219 (214) 559-2170 |
Union Gospel Mission of Fort Worth 922 Park Avenue Dallas, TX 75201 (214) 747-5606 |
Stop living life with an abuser. Call a Dallas domestic violence family law attorney now!
Serving clients throughout Central Texas, including Addison, Allen, Arlington, Audelia, Balch Springs, Bedford, Cedar Hill, Carrollton, Cockrell Hill, Coppell, Dallas, Dalrock, De Soto, Duncanville, Farmers Branch, Ft. Worth, Forney, Garland, Glenn Heights, Grapevine, Grand Prairie, Highland Park, Hutchins, Irving, Lancaster, Lewisville, Mansfield, Mesquite, Midlothian, Murphy, Plano, Richardson, Rockwall, Rowlett, Sachse, Seagoville, Sunnyvale, Trinity Mills, University Park, Wilmer, Wylie, areas in the vicinity of Dallas-Ft. Worth International Airport, and other communities in Collin County, Dallas County, Denton County, Kaufman County, and Rockwall County.