If you are accused or charged with domestic violence, such as child abuse and
spousal abuse, the effects of a conviction can be far reaching. Besides possible jail time and fines, your rights as a parent may be severely restricted. If you are divorced or are going through a
divorce, a criminal conviction with a finding of domestic violence will seriously affect your rights. To protect your rights and freedom you should consult with an experienced divorce attorney at the Law Office of Dan Kirby. We can answer your questions and take immediate steps to help you with your case.
In a divorce, domestic violence can have two separate sets of circumstances. For one, an innocent husband or wife can be wrongly accused of domestic violence. This is common in a bitter divorce, or especially in a heated child custody battle. Sadly, one spouse can falsely accuse another spouse of abusing them or their children in a desperate attempt to gain an advantage in a divorce or child custody proceeding. While sometimes your accuser may decide to drop their charges, the local authorities may not stop their proceedings against you.
Domestic violence is taken very seriously in Texas courtrooms, and yet there are often several approaches we can take to try to either reduce or get your charges dismissed. Emotions can run high in families who are subject to the many pressures in today's society. In some cases, actions taken by one are mistakenly seen by another as a threat when they were not. It is even possible that your actions can be proven to have been taken in self-defense. Regardless of the circumstances, even if they involve
orders of protection, you deserve to have someone on your side that will defend you and look out for your best interests.
Protection for Victims of Domestic Violence
If you are a victim of domestic violence, or if your children are suffering from child abuse, then there are legal remedies that we can take to stop your abuser from harming you and / or your family. If left unchecked, domestic violence has a tendency to continue, if not worsen in severity and sometimes it can intensify until it's too late and someone is fatally injured. Spousal abuse and child abuse are a national problem plaguing families from all walks of life. It doesn't matter if you're rich or poor; it can happen to anyone, anywhere.
The decision to end a relationship that is abusive in any way is one that usually is not made easily. Once a police report of domestic violence has been made and you have successfully removed yourself (and your children) from the dangerous situation, you can then begin to think about taking legal action. A temporary restraining order (TRO) is one legal means that can be used to protect the victim(s) of an abusive person from facing future mistreatment of any kind. TROs typically require an abusive person to stay away from any areas connected to the victim, including school, work and home.
Additional methods of deterring an abuser include consistently involving the police in the matter and gathering as much evidence against your abuse as is necessary to take justifiable legal action. The more records you have of police reports, incriminating pictures and witness testimonies the better chances you stand of obtaining a temporary restraining order and putting it to good use. With the help of an attorney from the Law Office of Dan Kirby, you can effectively bring your abuser to light and take legal action to ensure that you and your children not only remain safe, but your abuser is kept at bay.