If you’re a survivor of domestic violence, it’s important to understand that you do have rights. It can feel hard to stand up for those rights against a violent partner, but a DV lawyer in San Antonio, TX can help.

What Legal Rights Do Domestic Violence Survivors Have in San Antonio, TX Courts?

Defining Our Terms

The Texas Family Code Chapter 71 broadly defines domestic violence under two terms: dating violence and family violence. Physical harm, bodily injury, assault, sexual assault, and even just threats (so long as a reasonable person would take those threats to mean that harm is imminent) all count as domestic violence unless done as a defensive measure. This means that not only is physical harm and abuse covered, but also psychological abuse and even economic or financial abuse. Texas has some strong laws on this compared to other states.

Legal Rights in Court

The Right to Have Your Own DV Lawyer

As a victim of domestic violence, you have the right to your own lawyer. Families do not have to share a lawyer and in fact should not when going up against one another in court. You also do not have to bring a case by yourself; you have the right to have a lawyer represent you and help you, not only to communicate with the court but to protect you from an emotionally difficult situation.

The Right to Protective Orders

The Texas Family Code allows for victims of domestic violence to seek protective orders from the court. They can do this either from the court in the county where they live or the court in the county where the abuse took place. It starts by filling in an application, which your lawyer can help you do, as it may be difficult for you to fill in a lot of the details about the abuse itself. Your lawyer will also help you to understand what you should ask for with these orders.

There are essentially two types of orders. The first are the fastest, but they are also temporary. These are known as ex parte orders, and they put restrictions on an abusive person until final orders can be made. Temporary orders are meant to protect a victim from immediate danger and are only valid for 2 to 3 weeks. Final orders are issued after a full hearing, and final orders can last two years and be renewed once those two years are up.

These types of orders can do all kinds of things, depending on your situation. They can, for example, make it illegal for an abuser to do certain things that would otherwise be perfectly legal, such as call your parents or visit your child’s school. Protective orders commonly keep abusers a certain distance away from residences, workplace, and schools; restrict their freedom to carry firearms; order them to pay restitution or cover medical expenses; require them to complete an intervention program; or set terms for child custody. If someone violates these protective orders, you can report them to the police, and the court can then bring criminal charges against them. Both parties are permitted to seek modifications to these orders and extensions if the circumstances warrant them.

The Right to Bring a Lawsuit

Lawsuits are different from criminal charges. Criminal charges are brought by the state and have criminal penalties, most notably prison sentences. But survivors of domestic abuse have the right to bring civil lawsuits against their abusers to seek compensation for their medical costs, lost wages, property damage, and for pain and suffering. In most cases, there is a two-year statute of limitations on bringing this type of civil lawsuit. For cases of sexual assault, civil lawsuit can be brought up to five years after the incident.

The Right to Fight for Custody and Child Support

When it comes to child custody, Texas courts are required by law to prioritize the best interests of the child. If there is domestic violence, it is in the child’s best interest to limit their interaction with an abuser. This can happen by awarding sole possessory conservatorship (the Texas term for physical custody) to the other parent and forbidding the abuser to see the child at all. However, the courts do try to keep parents involved in the lives of their children when it all possible, so the court may also require supervised visitation to allow the parent and child to continue to have a relationship but in a setting where the child’s safety can be guaranteed.

If you are forced to leave a marriage because of an abusive spouse and are now responsible for caring for the child, you have the right to expect child support from the other parent, even if the other parent is not permitted to spend time with the child. Your lawyer can tell you more about what to ask for.

The Right to Get a Divorce

Unfortunately, in many domestic violence situations the victim feels trapped and may not realize that, not only do they have the right to get a divorce, but the divorce may be easier than they think. Abusers frequently tell their victims that they will “take everything” if the victim attempts to divorce them or the victim will end up on the street. The good news is that Texas courts take domestic violence into consideration when dealing with property division, spousal support, and child custody in a divorce. Texas courts also recognize that there can be financial abuse of a partner and work hard to make sure there is an equitable division of the assets considering the behavior of both parties.

The Right to Lease Termination Without Penalty

Under ordinary circumstances, a tenant would be financially penalized for attempting to end a lease early, if such penalties were written into the leasing contract. However, Texas law requires that landlords allow survivors of domestic abuse to terminate their leases early if they need to move for their own safety or the safety of their children.

Getting this done requires providing a landlord with written notice and documentation of things like your court orders or the arrest records of an abusive partner. Again, your lawyer can help you to understand more about this right and how to get out of a lease if you need to.

The Right to Information About Criminal Prosecutions

If you were the victim of abuse, and your abuser is facing criminal prosecution, you have the right to have basic information about what’s going on, including the status of your protective orders, information on the status of the case itself, and notification if the abuser is to be released from prison. You also have the right to be heard during a trial or a parole hearing through making a victim impact statement or offering testimony.

This is not a full explanation of all the rights you have, but the best way to find out about your rights and make sure you can secure every one of them is to talk with an experienced DV lawyer. Reach out to us at the Rojas Law Firm, PLLC in San Antonio now to speak with one of the area’s top family lawyers.