The Woodlands Domestic Violence Attorneys
Problems in the home often result in the most emotionally heated and painful cases we take at the Kemp Law Firm. Our family law practice strives to keep the divorce process civil throughout in order to keep relationships between parents and children as positive as possible. We also understand that there are situations that cannot be resolved without some kind of legal protection. If your spouse, partner or significant other is putting you in physical danger, you need to contact our domestic violence attorneys as soon as possible.
Understanding Texas Domestic Violence Law and Protective Orders
At the most basic level, a judge can declare a protective order which keeps one person away from another under threat of criminal enforcement. A protective order applies to your home, place of employment, school or anywhere determined to be important to you. It is different than the more commonly known restraining order in that someone violating a protective order can be arrested and charged with a criminal offense. You have the ability to call the police and have the violator arrested immediately and face time in jail. If you are looking for immediate protection from physical abuse, it is most likely you need a protective order, but you should also contact an experienced domestic violence lawyer in The Woodlands area.
Due to the unresolved emotional issues and lingering resentments that often accompany a divorce, Texas allows protective orders to be granted in post-divorce situations. While there is a relationship requirement, it can be met if you and the abuser are divorced, lived together at one point or even dated for a period. If you had a child with the abuser, you are not required to have been married to them in order to successfully obtain a protective order.
Protective orders are effective and immediate, but there are still steps that need to be taken in order to enforce them. The abuser must be served and given an opportunity to appear in court. If physical abuse is imminent, an Emergency Ex Parte motion can be filed, and the judge will make a decision to grant a temporary protective order (TPO). A TPO will require the abuser to stay away from the accuser until the final hearing, which will take place within two weeks.
Mental abuse is not grounds for a protective order; there must be proof of physical abuse or the threat of imminent physical abuse. A protective order can require the abuser to stay 200 yards away from important places in your life and prevent harassment or physical violence to occur by means of a third party. A protective order can also prevent the abuser from possessing any weapons. A protective order can be in effect for up to two years and is capable of being renewed with the help of a capable domestic violence attorney in The Woodlands or Harris County.
A Local Texas Family Law Firm Working to Keep You Safe
Kemp Law Firm is a family law firm that does everything in its power to help families. At times, this requires us to aggressively pursue protective orders to keep you and your children safe. If you are in immediate physical danger, do not hesitate to call the police and our office at (281) 203-0971. We serve clients throughout The Woodlands, Montgomery County and Harris County.