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Domestic Violence Injunctions
At Nordhaus Walpole PLLC, we have an extremely important message for anyone who is the victim of domestic violence: You and your children deserve assistance, protection and safety.
Texas has clear procedures for obtaining a domestic violence injunction, which is typically called a restraining order in casual conversation. You can even get such an injunction/order in an emergency situation. You should also note that if you have a restraining order from another state, it is very likely to be enforced in Texas, too.
If you have an injunction against your spouse, this will have an impact on your divorce, especially child custody and visitation. Since the only goal of child custody plans is to serve the best interest of the children, the courts are unlikely to allow the same access to the children to an abuser that they would to a parent with no history of violence.
Talk to a McKinney domestic violence lawyer at Nordhaus Walpole today about how your domestic violence injunction may influence your divorce. We are ready to provide you with sensitive, confidential help that keeps you and your children safe.
Obtaining an Injunction
In Texas, the petitioner or person requesting the injunction need only show that family violence has occurred in the past and is likely to occur in the future. This means if your spouse abuses you or your children, you are likely eligible to obtain an injunction.
You may also receive an emergency injunction to protect you from violence, sexual assault or stalking in cases involving serious bodily injury or the use of (or certain threats to use) weapons.
Once the injunction is issued, the abusive spouse usually will not be allowed within certain distances of you, your children and sometimes your place of work or the kids’ school. The abuser is no longer allowed to have a firearm, except in specific circumstances, such as when it’s related to their job.
Texas family law requires domestic violence issues to remain front and center while making decisions for child custody. More specifically, even if your spouse never committed any violence against the children and the injunction is based on past violence against you, the matter will be addressed during your divorce.
Remember: Child custody is about the best interest of your children; so family law judges consider a variety of factors in situations involving violence, including:
- How much, if any, violence have the children seen?
- What do the children want to happen?
- What does the parent with the injunction want?
- What does the abusive parent want?
- What steps is the abusive parent taking to change?
- How stable is the household now?
- Which of the parents are more mentally stable overall?
Let us know if you or child has been the subject of domestic violence. Our experienced attorneys are able to assist you in developing a divorce and custody plan that helps you stay safe. Contact Nordhaus Walpole PLLC as soon as possible to discuss your case.