Law Firm Piper & Turner, PLLC Attorneys Austin, Texas Lawyers

Austin, Texas Protective Order Attorneys

Family violence and accusations of family violence tear apart families across Texas. Family violence can range from physical or sexual assaults on family members to threats of violence by one family member toward another. Not only can acts of family violence or accusations of family violence have an extreme emotional impact on you and your children, family violence issues will have a tremendous impact on your child custody case as well. Furthermore, acts of family violence bring to the forefront issues of your safety and your children's safety.

Family Violence and Protective Orders:

As a victim or family violence, you have a right to petition the court for a Protective Order. A Texas court can issue a protective order for your protection and/or the protection of your children if the court believes (1) family violence has occurred and (2) family violence is likely to occur again. Tex. Fam. Code. § 81.001. A protective order, if issued, can order, among other things, a family member, to stay away from the victim of family violence, to refrain from communicating with the victim, to attend a batterer's intervention program, and to attend counseling. Additionally, it is a federal offense for an individual to possess a firearm if a court has entered a protective order against that person. It is a criminal offense for an individual to violate the provisions of a protective order.

If you or your children are victims of family violence, a protective order is essential for the protection of your children. While a protective order cannot stop family violence, it will enter, under the penalty of law, court orders necessary for the prevention of family violence and for the safety of you and your children.

On the flip side, if a family member has asked for a protective order against you, a protective order can have serious implications on your life if granted. As discussed below, if the court believes you have committed family violence, this could have an impact on your child custody arrangement, how much you or your spouse or partner sees your children and even the division of property in your divorce. Additionally, if the court enters a protective order against you, you could be arrested and criminally prosecuted if it is found that you violated the provisions of a protective order.

Protective Order litigation has extremely high stakes both for the individual seeking the protective order and the individual against whom the protective order is sought. The attorneys at Piper & Turner, PLLC have extensive experience both prosecuting and defending against protective order applications. We understand the issues and evidence necessary to present your case to a court, and our extensive experience can help you in your protective order case.

Family Violence and Child Custody Arrangements:

Not only can acts or accusations of family violence result in protective order litigation, a finding of family violence will have an impact on your child custody matters as well. The Texas Family Code dictates that "[i]n determining whether to appoint a party as sole or joint managing conservator, the court shall consider evidence of the intentional use of abusive physical force by a party against the party's spouse, a parent of the child, or any person younger than 18 years of age committed within a two-year period preceding the filing of the suit or during the pendency of the suit." Tex. Fam. Code. § 153.004. The Code also dictates that "if credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse by one parent directed against the other parent, a spouse, or a child" that the court "may not appoint joint managing conservators." Id.

In other words, the Family Code commands a court to consider evidence of family violence when determining conservatorship (custody) of the child. Furthermore, if the court believes that there has been a history or pattern of family violence, the court cannot appoint the parents as joint managing conservators, and instead the court will appoint one parent as sole managing conservator, most likely the parent who the court believes to be the victim of family violence. Because of this, it is ill advised to take family violence or accusation of family violence lightly as it is likely to have a very serious impact on your child custody arrangement.

The attorneys Piper & Turner, PLLC, not only have experience dealing with what it takes to prove or disprove accusations of family violence in the context of family violence, we understand the emotional impact family violence has on families and children. Our attorneys routinely utilize our vast network of mental health professionals to explain to courts the devastating impact that family violence committed in a household has on both the victim and children of the household. In instances in which there are false accusations of family violence, we are able to utilize our network of professionals to explain the negative impact of falsified or exaggerated accusations of family violence on both children and the marriage. Whatever your situation, we have the expertise and experience to help.

Family Violence and Property Division:

As explained in our marital property division section, a court can consider a wide variety of facts when dividing your marital estate, including fault in the breakup of your marriage. If a court believes that a spouse is a victim of family violence or a perpetrator of family violence, the court can take this into consideration in dividing the marital estate. Thus, family violence or an accusation of family violence may not only have an emotional impact on your life and an impact on your child custody arrangement, but it may have financial implications as well.

We regularly litigate divorce cases in which there are accusations of family violence. Our attorneys are able to gather and present evidence for victims of family violence and those accused of family violence. The impact on your property division could be great, and our attorneys are have the experience and ability to prevent your case to a court.

Let the Attorneys at Piper & Turner, PLLC Help:

The attorneys at Piper & Turner, PLLC regularly represent victims of family violence and those accused of family violence. The experience and training of our attorneys will assist you in presenting your case to a court. Attorney James W. Piper is a Board Certified family law attorney who has been serving families throughout Texas for more than 36 years. Mr. Piper has been named a Super Lawyer© by Texas Monthly Magazine, is an AV rated attorney by Martindale-Hubbell©, is listed in Bar Register of Preeminent Lawyers, is a member of the Texas Academy of Family Law Specialists and is widely considered one of the most well respected family law attorneys in Central Texas. Mr. Piper's partner, Travis L. Turner, also a Board Certified family law attorney, has been named a Rising Star by Texas Monthly Magazine© and is a member of the Texas Academy of Family Law Specialists. Mr. Turner, with his extensive litigation and courtroom experience, has rapidly become known as one of the most prominent young family law attorneys in the Austin area. Both Mr. Piper and Mr. Turner, along with the attorneys of Piper & Turner, PLLC, form a unique and unmatched team of lawyers with the talent and experience needed to gain success for our clients both inside and outside of the courtroom.

Contact our office to schedule an opportunity to meet with one of our experienced attorneys about your case. Based on our experience, we can clearly explain how Central Texas family courts are likely to view your situation and we will guide you through the entire process. Our lawyers pride themselves on offering our clients honest and realistic assessments about their cases while zealously advocating for the needs of each individual client. Let us help you achieve peace of mind about your case.