El Paso Domestic Violence Attorney

Protecting Victims of Domestic Abuse in Texas

Domestic violence is a pressing issue impacting individuals and families throughout the United States. In Texas, strict laws protect those affected, and the courts treat these cases with utmost seriousness. If you are suffering from domestic violence in El Paso, you have the legal right to seek protection for yourself and your children through the Texas court system.

At The Law Office of Erica P. Rios, our domestic violence attorney in El Paso offers compassionate and strategic representation for those facing difficult situations. We work directly with you to help secure a protective order and provide advice tailored to your specific needs, ensuring your safety and legal rights are prioritized at every step.

Call our office today at (915) 255-3840 or contact us online to schedule a confidential consultation with our El Paso domestic violence attorney.

What Is Domestic Violence?

Domestic violence is defined as a recurring pattern of abusive behavior in which one person opts to gain or maintain control over another individual in a relationship. This encompasses physical violence, sexual abuse, emotional manipulation, psychological intimidation, or economic deprivation. Domestic violence can also involve threats or actions that influence another person's well-being and safety, including intimidation, humiliation, coercion, and blame.

Any person can be affected by domestic violence, regardless of age, race, religion, gender, or sexual orientation. It impacts families at every socioeconomic level and can occur within marriages, partnerships, cohabitation, or dating relationships. Domestic violence also affects the broader community, including family members, coworkers, friends, and any witnesses to the mistreatment. In particular, children who witness domestic violence often face lasting psychological and emotional effects—a reality recognized by both El Paso courts and community advocates.

Penalties & Consequences for Domestic Violence Offenses in El Paso

Facing allegations or convictions for domestic violence in El Paso can result in significant legal and personal consequences. Texas law treats domestic violence as either a misdemeanor or felony offense, depending on the facts of the case and the history of the accused. With crimes such as assault causing bodily injury to a family member, court-ordered protective orders, and aggravating factors, sentencing may range from jail or prison time, probation, and court-ordered counseling to fines and restricted firearm rights. Any conviction for domestic violence in El Paso leads to a permanent criminal record, which can limit employment, housing, or even parental rights.

Emergency Protective Orders

Emergency protective orders provide vital protection when there is an immediate threat. These orders are typically issued after law enforcement responds to a domestic violence situation during times when courts are not open—such as weekends, holidays, or after hours. In El Paso, emergency protective orders generally last between 31 and 91 days, depending on the facts of your case and any specific risks posed.

During the duration of an emergency order, it is important to compile any available evidence of abuse, gather witness accounts, and consult with a domestic violence attorney to plan your next steps. This preparation is critical for transitioning from an emergency order to a more lasting protective order. The legal requirements and response protocols in El Paso—from police to court staff—are designed to move quickly in the interest of the victim’s safety. 

Temporary Ex Parte Orders

A temporary ex parte order is a short-term protective order—lasting about 20 days—granted by a judge when you can demonstrate an immediate and present danger. These orders require a clear showing of urgent risk, and a future hearing is scheduled to determine whether a final protective order should be issued. In El Paso, this process is initiated during open court hours.

Final Protective Orders

A final protective order offers long-term legal protection, typically lasting up to two years. In El Paso, final protective orders are only issued following the expiration of an emergency or temporary ex parte order, with the potential for renewal every two years. These orders are among the most powerful tools available for safeguarding victims of domestic violence under Texas law.

Final protective orders can be customized with specific terms to maximize safety—such as limiting an abuser’s access to your home, workplace, or your children’s school, as well as imposing restrictions on communication and contact. Some orders also mandate financial support, including child support or spousal support. The El Paso County courts enforce these terms strictly, and police are required to respond rapidly to any alleged violations.

Once a final protective order is in effect, its terms are registered with local law enforcement agencies, including all El Paso Police Department precincts. Any violation of a final protective order is taken seriously and may lead to criminal charges or jail time. Circumstances may change after a protective order is granted—such as new threats or changes in custody—so it is important to work with an attorney who can assist in modifying or renewing an order as needed. The domestic violence lawyer at The Law Office of Erica P. Rios ensures clients remain protected and their needs are met for as long as necessary.

Frequently Asked Questions

What Happens if I Don't Feel Safe Involving the Police?

Many domestic violence victims hesitate to contact law enforcement out of fear of retaliation by the abuser or concern about the system's response. If you do not feel safe involving police in El Paso, you can reach out to local support groups, shelters, or advocacy organizations before taking legal action. These organizations can help you assess your situation and identify the safest course of action, assisting you with crisis planning and connecting you to the right services. In El Paso, crisis centers work closely with authorities to safeguard victims and help minimize further trauma at each stage of the process.

Can I Get Custody of My Children if I'm a Victim of Domestic Violence?

In El Paso domestic violence cases, the courts prioritize the health and safety of children above all else. If the other parent creates a dangerous environment for your children, you may be able to request sole or primary custody as part of your protective order or family court proceedings. An experienced domestic violence attorney in El Paso, like those at The Law Office of Erica P. Rios, helps you document safety concerns and prepare compelling evidence for your custody claim. All available documentation—such as witness statements, police reports, or photographs—should be provided, as these greatly affect the custody outcome in El Paso County courts.

How Can I Prepare for My Court Appearance?

Appearing in court for a domestic violence hearing can feel stressful and overwhelming, but thorough preparation can bring reassurance and confidence. Your domestic violence lawyer in El Paso will advise you on what documents and evidence to gather, such as police statements, photographs, medical records, and character references. Knowledge of local court procedures also helps: knowing what to expect in the El Paso County Courthouse will make the day less daunting. Our attorney will help you review your testimony, clarify next steps, and ensure you are equipped for every stage of the hearing process.

What Is a Protective Order?

A protective order, commonly called a restraining order, is a court-issued directive that safeguards victims of domestic violence against further harm. In Texas, a judge may issue three main types of protective orders—emergency, temporary ex parte, and final—depending on the immediacy and severity of the threat you face. Protective orders are designed to keep your abuser from contacting you, approaching your home or workplace, or otherwise continuing aggressive actions.

Obtaining a protective order in El Paso usually starts with filing a petition with the local courthouse. Emergency protective orders can offer swift interim safety, especially outside regular court hours. A skilled domestic violence lawyer in El Paso can assist in assembling the necessary documentation, articulating your situation effectively before the court, and demonstrating the urgency and importance of ongoing protection. 

The legal process for securing a protective order in El Paso involves presenting a detailed statement, offering supporting documents, and potentially testifying at a hearing. The local judiciary carefully evaluates your case—considering prior incidents, severity, the presence of children, and law enforcement reports—before issuing any order.

Steps to Take After Experiencing Domestic Violence

If you are in immediate danger, your safety comes first. In El Paso, you should seek shelter as soon as possible by contacting one of the local crisis centers, such as the Center Against Family Violence. Document injuries or threats by photographing evidence, saving text messages or voicemails, and obtaining medical treatment if needed. Rapid documentation makes legal filings stronger and helps establish the severity of your case.

Once you are safe, connect with a domestic violence attorney in El Paso at The Law Office of Erica P. Rios to review your legal options. We can assist you in filing for a protective order or pursuing further legal remedies, providing clear advice throughout every stage of your case. Timely legal action not only protects you but may also help shield others facing similar risks in your community.

Call our office today at (915) 255-3840 or contact us online to schedule a confidential consultation with our El Paso domestic violence lawyer.