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| | Domestic Violence Injunctions |
According to Texas law “domestic violence” means “any assault, battery, sexual assault, sexual battery, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit.” The term “family or household member” includes “spouses, former spouses, persons related by blood or marriage, persons who are presently residing together, as if a family, or who have resided together in the past, as if a family, and persons who have a child in common regardless of whether they have been married or have resided together at any time.”
Any such person who is a “victim of domestic violence or has reasonable cause to believe he or she is about to become the victim of any act of domestic violence,” has the ability to file a sworn petition for an injunction for protection against domestic violence.
As a part of the domestic violence injunction proceeding, the Court may temporarily determine other issues, such as temporary primary residential parentage and the responsibility for the children, visitation rights, occupancy of the home and child support.
The initial purpose of the domestic violence proceeding is to obtain an emergency injunction from the Court protecting the victim from further abuse. In an action for an injunction the Petitioner can be represented by an attorney but is not required by law to have one. In the event the person is not represented by counsel, the clerk of the court in the particular county shall provide the necessary forms, statutory information and assistance in filling out and preparing the forms.
If a petitioner is financially unable to pay the required filing fee and service of process, such fees may be waived by the Court. Upon completion of the petition the Court will review the affidavit of the petitioner to determine whether an immediate and present danger exists. If the Court determines that such a danger exists the Court will enter an emergency injunction granting the relief determined to be necessary on an emergency basis. The Court will only review the affidavit and will not speak to the Petitioner, therefore, the petitioner must make sure that all of the facts are contained within the petition.
The temporary emergency injunction is only effective for a period of time not to exceed thirty (30) days. A full hearing date shall be set at the time of the entry of the injunction where the responding party will have an opportunity to appear before the Court. After the noticed hearing, the court has the ability to enter whatever relief felt to be appropriate at that time.
Any injunctive relief granted at such a hearing can only be for a fixed period of time, not to exceed one year. Prior to the expiration of the injunction, it may be extended, upon proper notice, for an additional year.
Issues related to domestic violence should be reviewed with a qualified attorney prior to obtaining the emergency domestic violence injunction, if possible. In the event that there is insufficient time to review the facts of your particular case with an attorney prior to obtaining an injunction, you should schedule an appointment after you have obtained the domestic violence injunction.
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