Domestic violence can be perpetrated against an actual family member or a romantic partner, but also against anyone living in the same home, and the law allows victims several remedies for seeking justice and protecting their safety. A domestic violence attorney in San Antonio can help you and your family go through these options and get the protection that you need.

These are issued by the Texas courts with the intention of preventing any further abuse. Essentially, a protective order is a versatile tool that can be used to make it illegal for a certain person to do something which would normally not be illegal. For example, it would not normally be a crime for someone to send you a text or stop by your home and knock on the door. But if you get a protective order specifically forbidding an abuser to do these things, you can call the police if they do, and the police will respond as if it were a crime. Again, these orders are quite flexible. Talk to a lawyer about what exactly you want to ask the court to order.

There are two types of these orders. The first are temporary and are meant for quick relief. They typically last about 20 days, though they can be extended. Final protective orders can last up to two years or even longer, but for a final order, there must be a hearing. Anyone who is the victim of family violence, sexual assault, or stalking is eligible to apply for protective orders. It starts with a court filing, and emergency temporary orders may be immediately made. There will then be a court hearing where your lawyer will need to prove that the abuse has occurred, and the abuser has the opportunity to respond. If temporary orders are granted, they can be enforced by the police and the abuser can be arrested for violating them.

The benefit of a protective order is that it adds an extra “buffer” between you and the abuser. It is, of course, already illegal for an abuser to physically harm you, but often this harm occurs in the privacy of a home. The protective order can make it illegal for that person to even come near you, which makes it harder for an abuser to find an opportunity for abuse. 

Of course, the downside of a protective order is that compliance can’t be guaranteed, and some abusers certainly violate these orders. If that happens, however, you can call the police and talk to your lawyer about reporting violations and seeking criminal penalties against the abuser. Another limitation of protective orders is that they don’t address any financial losses or emotional trauma you may have experienced. Other remedies are available for that.

Since domestic violence is a crime under state law, a victim can pursue justice through bringing criminal charges against their abuser. These charges can be anything from misdemeanor assault up to felony aggravated assault, depending on the circumstances, and penalties can be from a year in jail up to seven years in prison.

Once an abuser has been arrested, the case will go to a prosecutor, who decides whether to file charges. Criminal cases are brought by the state, not by the victim, but your lawyer can still advocate for you and communicate with the prosecutor to highlight the severity of the abuse and the need for the state to intervene. There’s no denying that a criminal case can be somewhat intimidating for a victim, especially if their testimony is needed in court to bring a conviction. Having a domestic violence attorney in San Antonio on your side will help a great deal. A lawyer can help you prepare for giving testimony and explain all the court procedures to you so that your rights are protected. Your lawyer will also be able to advocate for you in many situations, including advocating for financial restitution that may be owed to you, which can be included in a sentence if the abuser is convicted.

The benefit of a criminal charge is that it punishes the abuser. Unfortunately, it doesn’t always address all the broader needs of the victim, such as their long-term financial recovery or the emotional trauma that they’ve experienced. Additionally, criminal convictions have a high burden of proof. The prosecution must prove beyond any reasonable doubt that the abuser is guilty, and this makes the outcome sometimes less certain than with a civil lawsuit. If the abuser is not convicted, the situation could become even worse if the abuser attempts to retaliate against the victim. Talk to your lawyer about the various options that are available to you and resources such as the Texas’s Crime Victims’ Compensation Program, which can cover some of the costs of medical care or relocation for victims of domestic violence.

Another option is for you to file a civil lawsuit against your abuser to get financial compensation for the harm they’ve caused you. In a criminal case, the focus is on punishing the abuser. In a civil case, the focus is on addressing your losses. Common claims here usually include assault, battery, or the intentional infliction of emotional distress. Your lawyer can look at your case to help you decide exactly what claims to bring and will help you gather and use the evidence needed to prove the extent of the harm that’s been done to you.

Texas law allows you to recover both economic and non-economic damages. Economic damages cover all the financially measurable costs and losses you have sustained, like medical bills or property damage. Non-economic damages cover emotional trauma and pain and suffering. In some cases, courts may even a word punitive damages, which are meant to punish the abuser and deter them and others from engaging in that type of behavior in the future. In order for punitive damages to be awarded, an abuser’s actions need to be particularly malicious. Your lawyer will help you properly calculate the full value of your claim and then pursue it in court.

 

The first step in a civil lawsuit is for your lawyer to file a complaint in the Texas court explaining the abuse and detailing exactly what damages you are seeking. The defendant has a chance to respond, and the case will typically then go into discovery. During discovery, both sides exchange evidence and have an opportunity to settle without going to court if the defendant is willing to offer a fair amount. If they are not, the case would go to trial, where either a judge or a jury would decide the outcome. Your lawyer represents you throughout this process, including in negotiations and in the courtroom.

If you are the victim of domestic abuse, there are options for protection and redress, and an experienced lawyer can help you explore the right one for you. Contact the Aida Rojas Law Firm in San Antonio now for help or call us at 210-299-4600.