El Paso Domestic Violence Attorney

Protecting Victims of Domestic Abuse in Texas

Domestic violence is a serious issue affecting millions of people across the United States. In Texas, domestic violence is treated with the utmost seriousness, and the state has enacted several laws to protect victims. If you are a victim of domestic violence, you have the right to take legal action to protect yourself and your children.

At The Law Office of Erica P. Rios, we understand the sensitive nature of domestic violence cases. Our El Paso domestic violence lawyer is here to provide compassionate, personalized legal guidance during this difficult time. We can help you obtain a protective order and take the necessary steps to ensure your safety.

Call our office today at (915) 255-3840 or contact us online to schedule a consultation with our team.

What Is Domestic Violence?

Domestic violence is a pattern of abusive behavior in any relationship that one partner uses to gain or maintain control over another. Domestic violence can encompass physical, sexual, emotional, economic, or psychological actions or threats that influence another person. This includes behaviors that intimidate, manipulate, humiliate, isolate, frighten, coerce, threaten, blame, hurt, or injure an individual.

Domestic violence can happen to anyone, regardless of race, age, sexual orientation, religion, or gender. It affects people of all socioeconomic backgrounds and education levels. Domestic violence can occur between intimate partners who are married, living together, or dating. It not only affects those who are abused but also has a significant impact on family members, friends, coworkers, other witnesses, and the community at large. Children who grow up witnessing domestic violence are among those seriously affected by this crime.

Frequently Asked Questions

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

Victims of domestic violence may hesitate to involve law enforcement due to fear of retaliation or mistrust of the legal system. If you're worried about police involvement, consider reaching out to local domestic violence support hotlines or shelters first. They can offer guidance on the safest course of action in your specific circumstances. In El Paso, organizations often work alongside local authorities to ensure victim safety is prioritized, focusing on minimizing additional trauma in these sensitive situations.

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

In domestic violence cases, courts in El Paso consider the safety and well-being of children as a top priority. Victims can file for custody, especially if the environment provided by the other parent presents a risk to the children. Legal counsel from The Law Office of Erica P. Rios can guide you through this process, ensuring that your documentation supports claims about safety concerns effectively. It is crucial to present any evidence of abuse as this significantly impacts custody decisions.

How Can I Prepare for My Court Appearance?

Preparing for court can be intimidating, but having legal representation makes a significant difference. Gathering all relevant documentation, such as evidence of abuse or character testimonies, is crucial. In El Paso, familiarizing yourself with local court procedures can also provide additional confidence. Your attorney will help ensure you know what to expect, manage your expectations, and formulate a compelling case to present on your behalf.

What Is a Protective Order?

A protective order, also known as a restraining order, is a legal document designed to protect victims of domestic violence. It is issued by a judge and orders the abuser to stay away from the victim and cease all contact. In Texas, there are three types of protective orders: emergency protective orders, temporary ex parte orders, and final protective orders.

Understanding how to obtain a protective order is crucial for your safety. Initially, you may seek an emergency protective order, often issued swiftly when the courts are unavailable, such as on weekends or holidays. This interim measure ensures immediate protection. Engaging a domestic violence attorney can assist you in moving forward to obtain a temporary ex parte order, demonstrating in court the urgency and necessity for ongoing legal measures.

Emergency Protective Orders

An emergency protective order is a temporary order issued by a judge when the courts are closed. These orders are typically granted when a victim is in immediate danger and last between 31 to 91 days, depending on the circumstances.

During this time, gathering evidence, witness statements, and any documentation of abuse is critical. This support will be necessary when transitioning from an emergency order to a more permanent solution. Seeking professional legal advice during this period is highly recommended, as it directly impacts the possibility and strength of obtaining long-term protective orders.

Temporary Ex Parte Orders

A temporary ex parte order is a temporary order issued by a judge when the courts are open, typically granted when a victim is in immediate danger. A temporary ex parte order lasts for 20 days. After the 20 days, the victim can request a final protective order.

It's important to actively engage with your legal representative during this phase, preparing necessary documentation and articulating the specifics of your situation. This proactive approach is crucial in arguing for a final protective order. Each step requires a precise legal strategy tailored to the individual's experience.

Final Protective Orders

A final protective order is a long-term order issued by a judge. These orders are typically granted after a temporary ex parte order has expired and can last for up to two years. After two years, the victim can request another final protective order.

Tailoring a protective order to address specific threats significantly enhances its effectiveness and enforcement. For example, highlighting needs for workplace protection or restrictions around children's schools ensures comprehensive security. Customizing the order to include financial considerations, such as child support, further alleviates additional stresses faced by the victim.

Protective orders can be customized to fit the victim's needs. For example, a protective order can order the abuser to stay away from the victim’s home, workplace, and children’s school. It can also command the abuser to cease all contact with the victim, including phone calls, emails, and text messages. In some cases, a protective order can also require the abuser to pay child support and spousal support.

Steps to Take After Experiencing Domestic Violence

If you are a victim of domestic violence, there are immediate steps you should take. First and foremost, ensure your physical safety by reaching out to local crisis centers or shelters. In El Paso, shelters such as the Center Against Family Violence offer emergency sheltering services. It is crucial to document any evidence of abuse, including taking photos of injuries, saving threatening messages, and obtaining medical records.

Once you have secured immediate safety, consulting with a knowledgeable attorney such as those at The Law Office of Erica P. Rios can provide the necessary legal guidance to file for a protective order or explore other avenues of legal recourse. Taking legal action not only safeguards you but also establishes a legal precedent that could protect others in similar situations.

Call our office today at (915) 255-3840 or contact us online to schedule a consultation with our team.