Collin County Family Violence Lawyer
Family Law Attorney Assisting With Cases Involving Domestic Violence or Abuse in Frisco
No family is perfect, and chances are that couples and other family members will encounter disagreements and arguments at some point. In most cases, these disagreements can be resolved peacefully, but situations can sometimes spiral out of control and cause a person to fear for the safety of themselves or their family members. Fortunately, family members have options in cases involving family violence, and by working with a family law attorney, they can take steps to obtain protection while also addressing issues related to divorce or child custody.
At The Law Office of Philip W. Moore, Jr., A Professional Corporation, we provide legal help for spouses, parents, children, and other family members in a wide variety of situations. Attorney Philip Moore has been practicing law for 20 years, and he has the knowledge and experience to ensure that issues related to domestic violence and domestic abuse are addressed properly. He will help you take the necessary steps to protect your family’s safety while also fighting to protect your parental rights.
Obtaining Protection From Family Violence
Texas uses the term “family violence” for what is commonly known as “domestic violence” or “domestic abuse.” Family violence can include any acts by a person against a member of their family, a person who lives in their household, or a dating partner that cause physical harm or bodily injury or lead a person to fear that they or their family members will suffer harm, injury, or sexual assault. Family violence can also include any form of physical, emotional, or sexual abuse against children.
A person who has experienced family violence can obtain a protective order (commonly known as a restraining order) that will prevent any further acts of violence or abuse and place restrictions on the perpetrator. An application for a protective order can be filed in the county where either the applicant or the respondent lives or in the county where the parties are involved in an ongoing divorce or child custody case.
In emergency situations where immediate protection is needed, a temporary ex parte protective order can be issued. This type of order will take effect immediately, and it will remain in effect for 14 days. If additional protection is needed, a person can file an application for a permanent protective order. In these cases, a hearing will be held to determine whether the order should be issued, and the respondent must be notified at least 48 hours before the hearing. A permanent protective order can last for up to two years, and it can be extended if necessary.
A protective order will prohibit the respondent from committing any further acts of family violence, and it may also impose a number of other restrictions, such as requiring the respondent to stay away from their spouse or children, prohibiting them from contacting the applicant, and excluding them from a residence shared with the applicant. A protective order may also include decisions about child custody and visitation (including restricting the respondent to supervised visitation), and it may require the respondent to pay child support. In addition, the respondent will usually be required to surrender any handguns they own or a concealed weapons license, and they may be required to participate in a domestic violence prevention program.
Defending Against Accusations of Family Violence
Unfortunately, applications for protective orders are sometimes based on false accusations of family violence. However, if you are the respondent in a protective order, it is important to follow all of the terms of the order, even if you disagree with the accusations against you. Violation of a protective order will cause you to be held in contempt of court, and you could face a $500 fine and/or up to six months in jail, as well as additional criminal charges. When defending against a protective order, you will want to work with an attorney who can help you share your side of the story, demonstrate that you are not a danger to your family members, and protect your parental rights.
Contact a Dallas Family Violence and Protective Order Attorney
Whether you need to obtain protection against family violence or defend against accusations that could threaten your rights and family relationships, The Law Office of Philip W. Moore, Jr. can provide the legal help you need. We will help you understand your options, and we will make sure you meet all legal requirements during your case. To arrange a complimentary consultation, contact us today by calling our office at 972-833-8242. We provide representation in family law cases in Frisco, Denton County, Collin County, and throughout the Dallas/Fort Worth metroplex. We are also available to assist clients anywhere in the state of Texas, and we can travel to your location or connect with you via phone, email, or video chat.