If you’re the victim of domestic violence, please know that there are options and support available to you right now. A San Antonio, TX domestic violence lawyer can best help you take advantage of everything the law provides you and make sure you know about all your options.

From a San Antonio, TX Domestic Violence Lawyer: What Legal Protections Are Available for Domestic Violence Victims?

Protective Orders

The fastest form of legal protection available for domestic violence victims in Texas (short of calling the police in an emergency, of course), is a Protective Order. This legally binding document restricts an alleged abuser’s actions and can be put in place fairly quickly. Often referred to as a restraining order, a Protective Order prohibits an abuser from doing certain things.

The terms of the order may require the abuser to stay away from a victim’s home or workplace, forbid them to contact the victim via any medium, and possibly keep them away from any children, other family members, and even pets. Any violations of these orders can be met with legal consequences, including arrest, even if the action itself wouldn’t normally be considered a crime.

Different Types of Protective Orders

Texas law provides several types of Protective Orders with different purposes for use in different situations, depending on the threat. Temporary Ex Parte Order offer short-term protection when there’s immediate danger. This order is issued before a court hearing even has to take place and remains in effect until a formal hearing can be conducted. You do have to meet certain criteria to qualify for these orders, so it’s always wise to talk to an attorney who can walk you through those criteria and make sure you have everything you need to qualify. They’ll also present a strong case on your behalf before the court.

For longer-term protection, victims can request a Final Protective Order, and these can last up to two years. This type of order is only issued after a full court hearing, however, where both the victim and the abuser must be given the opportunity to present their cases. A Final Protective Order can be extended if necessary.

In situations where law enforcement gets involved, such as after a domestic violence arrest, a Magistrate’s Order of Emergency Protection (MOEP) may be issued. This order is very fast, usually lasts between 31 and 61 days, and is designed to provide quick protection after a violent incident.

Law Enforcement

Texas law requires that law enforcement respond immediately to any calls regarding domestic violence. The police should prioritize your call if you’re in danger of domestic violence or currently experiencing it, and the goal is that victims not be left unprotected when they are in immediate danger. Once a report is made, victims will be kept informed about the progress of their case.

Legal Proceedings

It’s hard to go to court and face an abuser, but Texas law does take steps to minimize this burden. First, the prosecutor’s office will keep victims informed and also offer resources, such as counseling and legal assistance, so victims are supported as much as possible. Beyond this, having a lawyer of your own will give you a buffer between you and an abuser.

If an abuser is found guilty of domestic violence, the penalties will vary depending on the severity of the crime and whether the perpetrator has a criminal history. They can be charged with either misdemeanors or felonies, depending on the exact circumstances, and obviously, there are going to be stricter penalties for repeat offenders.

Housing Protections

If an abuser shares your home, things can get tricky, so both Texas law and federal legislation, like the Violence Against Women Act (VAWA), offer some protections here. Under VAWA, for example, domestic violence victims are protected from discrimination in public housing and federally assisted housing programs. This means that a victim cannot be denied housing or evicted simply because they are a survivor of domestic violence.

For those who live in public housing or receive housing assistance through federal programs, there are more safeguards that protect any members of the household affected by the abuse, even if they are not direct victims. In some cases, victims may need to leave their homes to escape immediate danger, so the VAWA grants survivors the right to request an emergency transfer to another housing unit if they believe they are at risk of imminent harm or if a sexual assault occurred at their current residence within the past 90 days. This provision allows victims to relocate to a safer environment without losing access to housing assistance.

Emergency Transfers and Lease Bifurcation

If a victim of domestic abuse makes an emergency transfer request, public housing authorities are required to facilitate the move to a safe unit as quickly as possible so that victims aren’t stuck in the same residence where they experienced abuse. The transfer process is confidential to ensure that the abuser does not learn of the victim’s new location.

In situations where the abuser is a tenant or leaseholder in a shared residence, lease bifurcation allows the housing provider to remove the abuser from the lease while allowing the victim and other household members to remain.

Protective Orders and Eviction Protection

One of the biggest concerns for victims of domestic violence is the fear of losing their home or being penalized for calling the police to report the abuse. Texas law, along with federal protections under VAWA, protects victims in this regard. A landlord is not allowed to use the presence of police or emergency services as grounds for eviction or other penalties, and a landlord cannot ask a tenant to waive this right in a lease agreement. Even if you signed such a waiver unknowingly at the beginning of your least, it is not legally binding.

If a victim decides to stay in their current home, they can also seek a “kick-out” order as part of a Protective Order. A kick-out order requires the abuser to leave the shared residence. This can be particularly important for victims who have children or who need to stay in the home due to work, school, or other obligations; however, in some cases, this isn’t the right move since the abuser will obviously be aware of where the victim is living. If you’re unsure, talk with a lawyer about the best option.

Address Confidentiality Program

In situations where victims of domestic violence need additional privacy, Texas has an Address Confidentiality Program (ACP). The ACP allows victims to use a substitute address, usually a post office box, on all their government documents instead of their actual home address. This measure is meant to prevent an abuser from discovering the victim’s location through accessing their public records, like voter registration or driver’s license records.

To apply for the ACP, you just need documentation of the violence and a completed application. Once you’re approved, you’ll be sent an authorization card with a substitute address which you can then use for state and local documents. Some private entities, particularly banks, are not required to accept the substitute address (though many will accommodate it if you explain the situation; your lawyer can advocate for you here, too).

For more on the legal protections available to those suffering domestic violence, call Rojas Law Firm, PLLC in San Antonio at 210-299-4600
or contact us online.