Domestic Violence

Texas Law condemns domestic violence, so any domestic violence case can potentially involve criminal prosecution.  Domestic violence involves violence between members of their same household or family, so individuals have a difficult time dealing with a domestic violence case alone.  Having legal representation can always help have a clear view of the proceedings and maintain composure. 

Lawyer for Domestic Violence in Brownsville, Texas

If you are involved in a domestic violence case, then you should contact an attorney that deals with domestic violence issues who can guide you through each step of the process.  We can assure you that at The Gracia Law Firm, P.C. , we have your best interest in mind.  Our Law firm understands both criminal and family law, which can be beneficial in cases like domestic violence.  We know that domestic violence is critical to your safety and your family’s well-being, so we are determined to get the best outcome for you. 

Protective orders are usually a significant component inside a domestic violence case.  We want to make sure you are clear about what protective orders do and what they can mean for your family.  You can meet with one of our attorneys, and we can discuss what is next best step to take in your case. 

Call our office at 956-504-2211 to schedule a free, confidential consultation.  The Gracia Law Firm, P.C. works with clients in all of the Brownsville, TX area, and the counties of Willacy, Hidalgo, and Cameron. 

Overview of Domestic Violence in Texas 

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What is Considered Domestic Violence? 

Tex. Family Code § 71.004 defines domestic violence or family violence as “an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.”

Members of the household or family can include the following:

  • Current or former domestic partners
  • Current or former spouses 
  • Blood relatives 
  • Stepparents or stepchildren 
  • Grandparents or grandchildren 
  • Romantic Partner 

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Family Violence Protective Orders 

Protective orders are put into place when one person who feels threatened by another family member or household member decides to involve legal authority to keep that family member or household member away.  Family violence protective orders are specifically there to protect individuals who are victims of domestic violence.  

When a protective order is issued against a specific individual, that individual has limited or no communication allowed with the petitioner.  The protective order includes particular terms between the two parties and their immediate family members, such as staying away from the petitioner’s place of employment or children’s school.  Usually, any communication between the two parties is only allowed through their legal representatives or attorneys.  A protective order can only be issued if there is valid proof that the family violence will continue, and only the person who incited, not just witnessed the family violence can have a protective order put against them. 

When someone petitions to have a protective order put in place, they must present evidence against the individual in response.  However, if the petitioner appears to be in danger, the court will often issue a temporary Ex Parte order, which is an immediate protective order put in place.  A Temporary Ex Parte Order isn’t permanent, so it will need to go through court proceedings to stay permanent. 

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Repercussions of a Domestic Violence Case 

If you are the individual charged with family violence, then it can negatively impact your record.  Any criminal charge, including family violence, can show up when you apply for a job.  Any history of domestic violence can also affect you if you’re dealing with another case under the family court system, including child custody, child support, or spousal maintenance.

Temporary Protective Orders can also be issued as a result of a divorce proceeding.  The court can sometimes grant Temporary Protective Orders if it deems it necessary or beneficial, with or without one of the spouses having to petition for it themselves. Temporary Protective Orders will usually only last for a certain amount of time unless requested by one or both parties.  However, a Temporary Protective Order has to go through a trial just to continue in effect. 

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Additional Resources

Domestic Violence | Hotline – If you are experiencing domestic violence in your household or family, the domestic violence hotline is available so you can speak to trained advocates.  They can advise on the action to take regarding your domestic violence event. 

Department of Justice | Domestic Violence – The U.S. Department of Justice has a page dedicated to victims of domestic violence, in which they define domestic violence or family violence.  They provide various resources you can go to if you are involved in a domestic violence incident.

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Attorney for Domestic Violence in Cameron County, Texas 

If you are involved in a domestic violence case, do not hesitate to seek legal representation.  Even if you’re the person filing the domestic violence case, you’ll want someone who can defend you in case your rights are violated.  You want to have someone by your side who knows family law and how it will apply to your lawsuit.  

Our attorneys at The Gracia Law Firm, P.C. are specialized in family law cases like domestic violence and other cases affecting families.  Our attorneys want to protect families, and we’ll fight on your behalf to make sure you get the most favorable result.  Our attorneys work with clients living in Brownsville, and the counties of Willacy, Cameron, and Hidalgo. Call 956-504-2211 to schedule a free, confidential consultation.