How a Domestic Violence Lawyer Can Help You Out of a Bad Situation
Lawyers can help you out in a variety of situations. They can help get you compensation after a personal injury, find common ground during divorce or custody hearings, and protect your children’s educational rights. A domestic violence lawyer can even help you get out of a bad situation and find safety and comfort during any court proceedings. It’s never easy to fight back against an abuser, but your attorney will work with you with compassion and understanding to help your case.
When domestic violence cases go to court, the best thing a victim and their lawyer can do is file for a protective order. Securing your safety and the safety of your family or fellow household members is always the main priority.
Ex Parte Protective Order
While it can take some time for a full protective/restraining order to be enacted, you can file for a temporary ex parte protection order. Although they aren’t as inclusive as full protective orders, ex parte orders provide immediate protection to the victims from further harm. Also, a judge can issue one without a formal hearing.
With an ex parte order, an abuser can be legally removed and barred from a victim’s home. However, in order to do so, the victim must provide evidence of the following:
– The home is either:
- Owned by the victim
- Jointly owned by victim and defendant
- Owned by a defendant who has a legal obligation to provide for the victim or the victim’s child
– The victim has lived in the home for 30 days prior to filing for the ex parte order
– The defendant committed an act of family violence against a member of the household within 30 days of filing for the ex parte order
– There are clear signs of present danger, and the defendant appears likely to commit another act of family violence
Proving all of these facts alone isn’t easy, but a domestic violence lawyer can help. They’ll guide you toward gathering the right information and evidence needed to secure your protection.
Full Protective Orders
Regardless of whether you filed for a temporary ex parte order, you can make your case before a judge for a full protective or restraining order. These protective orders are individualized to protect you from future harm. It’s important to go into these hearings with your lawyer present to ensure that all of your needs are met, and your rights are protected.
A full restraining order can order a defendant to:
– Cease acts of family violence or harassment against the victim or any of their family or household members
– Cease all communication with the victim or their family and household members (be it in person, via phone call/texting/email, or through a third party)
– Stay away from the victim’s place of residence, employment, or education
– Stay away from schools or daycare centers a child under the protective order attends
– Attend counseling with a family violence specialist and/or complete a battering intervention and prevention program
– Adhere to all temporary custody and visitation terms ordered by the judge (custody of both children and pets apply)
– Start or continue to pay child or spousal support as directed
– Temporarily hand over any firearms and continue to not possess any firearms during the duration of the order
This is not a comprehensive list. A judge can order the defendant to cease any actions that may contribute to further family violence. The defendant has a right to attend court hearings of their own to argue their case against the restraining order. You must seek a lawyer to fight on your behalf. They can protect your rights and make your safety the top priority in the case.
If you suffered physical injuries as a result of domestic violence, you have a right to seek compensation for those injuries. Assault is assault, and you can sue the defendant for personal injury compensation. You could receive benefits for medical bills, income loss, and general pain and suffering. Working with your domestic violence lawyer can help you understand the compensation you have a right to.
Tyler, Texas Domestic Violence Lawyer
If you or someone you know is living in an unsafe environment, don’t hesitate to reach out for help. At Hager Law, we are dedicated to fighting for our clients’ rights and always put the safety of them and their children at the forefront of every case. The sooner you act, the sooner you can get out of a tough situation. Call us today at (903) 466-0001 to get the help of an experienced and compassionate domestic violence lawyer.