Domestic Violence Legal Issues

Unfortunately, domestic violence (often referred to as family violence in Texas) is a common occurrence. Nearly 75 percent of all Texans have either experienced domestic violence themselves or know of a family member or friend who has. If you have been a victim of this crime, or know someone who has been, there is help available.

In Texas, domestic violence is defined as an assault by a person on a spouse, former spouse, girlfriend, boyfriend, or member of the same family or household. Victims of domestic violence should report the abuse to the police right away. If the situation is imminent, call 911.

Whether the perpetrator is arrested is up to the discretion of the police officers. The perpetrator can be arrested on either misdemeanor or felony charges, depending on the severity of the actions and the injuries. Once you report the incident, you are not allowed to change your mind and drop the charges on your own. It is the prosecutor’s decision whether to pursue criminal charges at that point.

If you are a victim of domestic violence, consider hiring an attorney to help you file for an order of protection. The prosecutor may ask the court to put an order of protection in place in cases of domestic violence. When a protective order is issued, the perpetrator is not allowed go near the victim or the victim’s home or workplace, threaten the victim, or possess a firearm. Once a protective order is in place, the victim cannot decide to remove it — only a court can modify a protective order.

If you are a victim of domestic violence, reach out and get help. Texas has many laws and resources to support you and keep you safe. A San Antonio family law attorney may also be able to advise you.

4 thoughts on “Domestic Violence Legal Issues”

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