Are you the victim of domestic violence, or have you been falsely accused of domestic violence? If so, you need a strong advocate to stand up for your rights. You need someone with extensive experience who understands the law and how to protect your rights.
At Kazen Family Law & Divorce Lawyers, our family law attorney has 30 years of experience. Attorney David Kazen is board-certified in family law by the Texas Board of Legal Specialization. Only 1% of family law attorneys in Texas have earned this certification. You can trust you are receiving skilled, experienced, and trusted legal representation.
Contact Kazen Family Law & Divorce Lawyers at (737) 257-6363 to schedule a free consultation with our Austin domestic violence lawyer.
Allegations of domestic violence should always be taken seriously. Whether you are being abused by a spouse or accused of domestic violence, you need to talk with a lawyer to determine your legal options. We can help you secure a protective order against your abuser or develop a defense against false allegations.
For almost two decades, Kazen Family Law & Divorce Lawyers has helped families find solutions to complex matters. We have extensive experience in all matters related to family law, including domestic violence cases.
When you hire our top-rated Austin family law attorney, we handle all aspects of your case, including:
Attorney David Kazen has top ratings with Avvo, Super Lawyers, and Justia. He has the highest rating awarded by Martindale-Hubbel, the AV Preeminent rating.
Call Kazen Family Law & Divorce Lawyers to schedule a free case evaluation with an experienced Austin domestic violence lawyer.
Texas has strict domestic violence laws to protect victims. It includes family violence and dating violence. Individuals protected by domestic violence laws include:
Domestic violence offenses may be charged as misdemeanors or felonies. The charge depends on the facts and circumstances of the case. The penalties for a conviction depend on the charge.
A person may serve up to a year in jail and pay thousands of dollars in fines for a misdemeanor conviction. A felony conviction could result in up to 99 years or life in prison in addition to a $10,000 fine. Sexual assault could result in up to 20 years in state prison and a $10,000 fine.
There are many forms of domestic violence. A person may be guilty of domestic violence if they engage in:
At the core, domestic violence is a pattern of behavior by an abuser that is controlling, coercive, and used to gain and maintain power over the victim. Numerous criminal charges may apply to domestic violence cases. You can also seek a protective order through the civil courts.
Protective orders can be used in family court cases to protect a victim from further abuse. The orders can also establish various terms related to a divorce or family court matter until a final hearing can be held.
There are three types of protective orders:
An ex-parte order can be granted without notifying the abuser that you are seeking a court order. You petition the court for a temporary protective order because your partner has abused you, and you are at risk of being abused again. The court holds a hearing to review the evidence you present.
Temporary protective orders are usually in force for up to 20 days. They are intended to provide emergency protection against domestic violence until the court can hold a full hearing on the matter. After issuing a temporary protective order, the court schedules a hearing and notifies the offender.
A permanent protective order remains in effect for up to two years. The order cannot be issued until the court holds a final hearing. At the hearing, your partner can present their arguments and evidence to dispute your claims of domestic violence.
Your attorney will have you compile a list of specific dates and locations of the abuse. You also need to write a narrative of the circumstances explaining the urgent need for a protective order.
Evidence that may be used to prove domestic violence allegations includes personal testimony, medical records, witness statements, photographs of injuries, and police records. You may also use social media posts, voicemails, emails, text messages, and written threats.
These orders are issued if the abuser is arrested on family violence charges. The court may immediately issue a protective order after the person is arrested. The orders are in effect for 31 to 91 days.
If you are filing for divorce, a protective order has many functions that can help you during and after the divorce proceeding. A judge can include terms requiring your spouse to:
In some cases, the court may grant you child custody and child support. Visitation rights will be determined based on the facts of the case. If your spouse violates a protective order, they may be arrested, jailed, and fined.
Defending yourself against a protective order is crucial. Protective orders have collateral consequences beyond the terms of the order. The order may severely impact your chances of obtaining child custody or liberal visitation. You must give up your guns, and you could be deported if you are a non-citizen.
In most cases, you will not know you have a protective order against you until you are served a temporary ex-parte protective order. It is crucial that you read the terms of the order so you do not violate the order.
You should also receive notice of the date and time of the final hearing. Contact an attorney as soon as possible because the final hearing date may be within a couple of weeks. Because a protective order can impact numerous aspects of your life, hiring an attorney to challenge the order is wise.
A lawyer will gather evidence to build a defense to the domestic violence allegations. Your attorney may use one or more defense strategies, including:
A protective order can be modified or dismissed. You can also appeal a temporary protective order. Even though you are not required to hire an attorney to defend yourself against a protective order, it is strongly recommended. Courts take domestic violence allegations seriously and often err on the side of caution when the alleged abuser cannot offer a strong defense.
We encourage you to reach out to our office for help if you are dealing with domestic violence. Your consultation is confidential. Call Kazen Family Law & Divorce Lawyers to schedule a free case review with our Austin domestic violence lawyer. We will fight to protect your interests in all matters related to your case.
Fields marked with an * are required
"*" indicates required fields
