Domestic Violence Issues
Dallas-Fort Worth Family Law Attorney David Kohm Can Help You With Your Domestic Violence Matters
Our Dallas-Fort Worth Family Law Offices has extensive experience in dealing with domestic violence cases. If you’re a victim of domestic violence in Texas, you need to take legal action and get protection before your situation escalates. Domestic violence usually infers that one spouse has assaulted another spouse or there has been physical violence between a couple that are in an intimate relationship. In Texas domestic violence is regarded as a serious crime and will be treated accordingly upon notification from the victim or other parties who report the incident on behalf of the victim.
Protective Order
As a qualified family law attorney, I advise clients of domestic violence to seek a protective order issued by the court to prevent further abuse from continuing. I have assisted clients with this process and know the value of getting this order issued expediently. The applicant is not required to pay any fees or court costs associated with the court order. If an order is issued, the offending party named in the court order pays the fees unless they are indigent or have other good cause. The offending party also has the right to appeal a protective order.
Temporary Orders
You may also apply for a court order that prevents the offending party from occupying your home. To acquire this temporary injunction, you must file a sworn affidavit describing the domestic violence and appear in person to testify at the hearing. Before the court can grant the order, you must prove that you have resided at the joint residence at least 30 days prior to requesting the court order. Also it must be shown that the offending party committed domestic violence within 30 days prior to the application for the temporary order. The court must also find that there is a clear and present danger that your assailant will commit domestic violence against other members of your household.
Medical Professional's Responsibilities
If you seek treatment for any domestic violence injuries your health care provider or medical professional must take certain actions. These actions include: Giving you information regarding local family violence shelters, note in your medical record the reasons or belief that your injuries were caused by domestic violence, give you a written notice, in both English and Spanish, explaining that domestic violence is a crime, that you have a right to file a criminal complaint and get a protective order against the abuser.
Immunity
Anyone who acts in good faith, and contacts law enforcement about the domestic violence incident is granted immunity from liability in subsequent civil proceedings. If the person reports a domestic violence incident in bad faith or provides false information, they are not protected from liability.
Whether you are going through a separation or a divorce, the help of an experienced trusted family law attorney can help you navigate this often-confusing process. Divorce can often be a difficult, stressful time in anyone's life, but you can alleviate some of these worries knowing that you have intelligence and experience on your side with the attorneys of The Law Offices of David Kohm. If you have further questions or would like to meet to discuss any of your legal needs, you can contact our office or complete the online request form and we’ll get right back to you.
While every effort has been made to ensure the accuracy of this information, it is not intended to provide legal advice as individual situations will differ and should be discussed with a qualified licensed attorney. For specific technical or legal advice on the information provided and related topics, please contact our law firm directly.