How Can I Protect My Children if My Partner is Violent?

 Posted on August 11, 2022 in Family Law

Researchers who study domestic violence in Texas estimate that nearly a million women are battered in Texas every year. Battered woman syndrome (BWS), defined as as type of post-traumatic stress disorder, can make a woman feel fearful and afraid to leave an abuser, even as the violence escalates and becomes dangerous to the victim and her children. A woman does not have to be severely beaten by a man to suffer from BWS; threats, coercion, and intimidation can be sufficient in making a victim feel psychologically and physically trapped in a bad relationship.

Because Texas recognizes the seriousness of domestic violence and the difficulty in leaving abusive relationships, victims of domestic violence can get protective orders or restraining orders to make it easier to leave without fearing vengeance from their abuser. Although the terms “restraining order” and “protective order” are often used interchangeably, they are not the same and the right one for you will depend on your situation. A Llano family law attorney can help you assess your living situation and apply for a protective or restraining order if necessary. 

Protective Orders in Texas

When a victim presents clear evidence of present danger of violence, a Texas court can grant a protective order. Protective orders can require an abuser to stop the following:

• Touching the victim in any way

• Making physical or verbal threats, whether in person or over the phone

• Contacting the victim, her children, or anyone in her household

• Coming within a certain distance of the victim 

• Carrying a gun or having a gun in their possession 

A victim will need to testify to a judge that the abuser has hurt or threatened to hurt her, that she is afraid he will do so again, and that the victim and abuser are or were in an intimate relationship of some kind. Violating a protective order can result in immediate arrest and criminal prosecution.

What is a Restraining Order?

A restraining order is generally more mild than a protective order and details certain activities that both parties cannot do to each other. These are part of a civil proceeding, like a divorce, and are not linked to criminal proceedings. A restraining order can require both parties not to contact each other or go within a certain distance of each other, but can also do things like require a spouse not to spend joint money during a divorce. 

Contact a Llano, TX Restraining Order Lawyer

You do not have to stay trapped in a dangerous or abusive relationship forever. If you need help leaving, contact the Llano County, TX restraining order attorneys with Law Office of Russ Alan Baker, PLLC. We will work with you to confidentially create an exit strategy that includes legal protection from your abuser. Call us today at 325-216-2006 to schedule a consultation. 

Source: 

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.85.htm

https://www.psychiatrictimes.com/view/battered-woman-syndrome