Baytown Protective Order Lawyer | Harris County Protective Order Family Law Attorney
“Family Violence Tears at the
Foundation of the Family”
Obviously when you got married,
The dreams of a happy family
Baytown Protective Order Family Attorney for Domestic (Family) Violence
Texas Family law defines the "family" as the following persons:
- Persons who are related by blood (consanguinity);
- Persons who are related by law (adoption or marriage);
- Persons who are divorced, i.e, former husbands and former wives;
- Parents, grandparents;
- Children, whether through marriage or not; and
- Foster children and foster parents.
Family violence occurs when a member of the family or household threatens to, or does, commit an act intended to result in physical harm, bodily injury, assault, or sexual assault; or abuse against a child or another member of the family or household; or when there is dating violence. The Texas Family Code permits a Baytown family attorney to request a protective order to get protection from the abuser through the Harris County Family Courts.
Abuse against a child includes:
- Mental or emotional injuries to a child that result in observable impairments to the child’s growth, development, or psychological functioning;
- Causing or permitting a child to be in a situation where the child incurs such mental or emotional injuries;
- Physical injuries that result in substantial harm to a child, or genuine threats of such harm, as well as injuries that differ from the history or explanation given by the child’s guardians (excluding accident or reasonable discipline);
- Failure to make a reasonable effort to prevent substantially harmful physical injuries to a child; or
- Causing, expressly permitting, or encouraging a child to use a controlled substance.
Abuse can be sexual in nature, such as:
- Sexual conduct harmful to a child’s mental, emotional, or physical welfare, which Texas defines as:
- Indecency with a child;
- Compelling or encouraging a child to engage in sexual contact, intercourse, or deviate sexual intercourse;
- Continuous sexual abuse;
- Sexual assault or aggravated sexual assault; or
- Causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child in an obscene manner; and
- Failure to make a reasonable effort to prevent sexual conduct harmful to a child.
If faced with dating violence or family violence, you should seek the counsel of a Baytown divorce lawyer or family lawyer. A lawyer who handles domestic (family) violence will be able to help you understand the procedure for getting a protective order, and walk you through the steps along the way. Applications for a protective order are confidential until the person against whom you file the protective order has been given notice. Consulting with a lawyer will prepare you for the time when that person learns about it, and will help you deal with any fall out. Texas adheres to the Uniform Interstate Enforcement of Protective Orders Act.
How much does it cost to file for a protective order?
In Texas, filing for a protective order is free, with no fee assessed for filing or serving a protective order. No fee may be charged for dismissing, modifying, or withdrawing a protective order, or certifying copies and comparing copies to originals.
Unless the protective order is overturned for good cause, the person against whom you file the protective order will be forced to pay the fee for the protective order, service, court costs, and any other fees, charges, or expenses related to its issuance.
Who can file for a protective order?
An adult may file an application for a protective order to protect him or herself, any other member of the family, or a child from family violence. A prosecuting attorney or the Department of Protective and Regulatory Services may also file on behalf of the victim of family violence.
I need protection now! What should I do?
If your application for a protective order shows there is a clear and present danger to you, the court may issue an immediate temporary ex parte order without notice to the abuser. This type of protective order is valid for up to twenty days, but it may be extended.
The abuser may be excluded from his or her residence if the person filing for the protective order files a sworn affidavit giving facts about the abuse and testifies in person at a hearing. The court must find the person applying for the "kick out order" resided in the home for the last thirty days during which time there was violence, and that there continues to be a clear and present danger of violence.
Dating violence is an act by someone in a dating relationship that is meant to threaten or to cause physical harm, bodily injury, assault or sexual assault to the other party in the dating relationship. Dating violence does not include self defense.
A dating relationship is a continuing relationship of a romantic or intimate nature. Dating violence can happen in heterosexual or same gender relationships between people of any age no matter the social or economic status or race. Who is affected by dating violence?
- Approximately 1 in 5 high school female students say they were physically and/or sexually abused by their dating partner.
- LGBT (Lesbian, Gay, Bisexual, Transgendered) teen couples are just as likely as heterosexual couples to be involved in dating violence.
- 57% of teens say they know of a peer who has been physically, sexually, or verbally abusive to their dating partner.
- 33% of teens have actually seen the abuse or violence themselves.
What can happen when you are in an abusive relationship?
- Studies show that over 20% of girls between 16 – 19 years old who were killed by their dating partners.
- 58% of rape victims say they were first raped between the ages of 12 and 24.
- In a 2005 Liz Claiborne study, 45% of teen girls said they knew of someone who had been pressured into having sex when they were not ready.
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Serving clients throughout Southeastern Texas, including Anahuac, Atascocita, Barrett, Baytown, Beach City, Cedar Bayou, Channelview, Cloverleaf, Coady, Cove, Crosby, Crystal Bay, Dickinson, Deer Park, Friendswood, Galena Park, Highlands, Houston, Jacinto City, La Porte, League City, Lynchburg, McNair, Mont Belvieu, Morgan's Point, Pasadena, Pearland, Seabrook, Sheldon, Shoreacres, South Houston, Southeast Harris, Sylvan Beach, Webster and other communities in Harris County and Chambers County.