Domestic Violence Lawyer Austin TX
In the terrible event that there is domestic violence involved in a divorce case, you’ll need the experience of a Texas domestic violence lawyer specializing in these complicated matters–like the attorneys at Austin Divorce Lawyer Now. There will be two issues, criminal and civil, when dealing with domestic violence during a divorce. In the criminal matter, the state will handle charges against the perpetrator, and it will be up to him or her to hire a defense attorney, or have one appointed. If the circumstances are that you have been accused of domestic violence, you absolutely need the advice of an attorney in order to see that fairness is maintained. In the case of civil action, an Austin domestic violence lawyer will be able to help the victim obtain a protective order against the person who assaulted you. In Texas, a protective order is much more successful in keeping you safe than a simple restraining order. An attorney will help you understand the difference, and will help in attaining one immediately.
Domestic violence impacts divorce proceedings
There can be daunting ramifications as a result of a domestic violence conviction, as it pertains to a divorce. In Texas, domestic violence can mitigate towards a fault-based divorce action, in which case the aggrieved party may receive a larger portion of any marital assets, and may be awarded spousal support. Further, parental rights will be affected, especially if the domestic violence was aimed at one or more of the children. The result will be a severe alteration of custody rights, with the child or children obviously being favored towards going with the non-abuser. Also, in the case of domestic violence, the perpetrator will often be removed immediately from the home, all rights to the home and contents being forfeit until the matter is resolved in a criminal court of law.
If you are a victim of domestic violence…
If you have been a victim of domestic violence, or your children are in danger, get away from the aggressive party immediately. Contact the police, and contact your lawyer. Domestic violence is taken very seriously by the police and will be handled by professionals who can get and keep you safe, and lock up the aggressor until the matter is settled in court. Local prosecutors will handle the charges and assist in the proceedings against the perpetrator, and an attorney will be offered to the accused at the time of his or her arrest.
Domestic violence is a very serious and potentially frightening time in anyone’s life. If it’s in the middle of a divorce proceeding, it can be even more devastating. It is a dangerous time for anyone who suspects their spouse is capable of violence or has known them to have a violent background, so it is vital that you keep yourself and your kids safe.
You might require the assistance of other outside professionals qualified to deal with just these problems, so do some Internet research and seek counseling if you think you need it. You might contact your lawyer about getting a restraining order if you feel threatened or have suspicions that violence may be perpetrated against you. Again, seek a professional’s advice and be careful.