Imagine living in a city where nearly one in five homicides is linked to domestic violence. In Houston, this is a stark reality, with domestic violence accounting for 18% of the city’s homicides.

Leaving an abusive marriage is a daunting endeavor, fraught with legal complexities and safety concerns. Understanding protective measures, the impact of domestic violence on divorce proceedings, and available resources is crucial for those seeking safety and justice in Houston.

Understanding Protective Orders in Texas

In Texas, victims of domestic violence can seek protective orders to safeguard themselves from further harm. A protective order is a civil court mandate designed to prevent an abuser from engaging in violent or threatening acts, communicating in a threatening manner, or approaching the victim’s residence or workplace.

There are three primary types of protective orders:

• Temporary Ex Parte Protective Orders: Issued without the abuser’s presence, these orders provide immediate protection when there’s a clear and present danger. They are typically valid for up to 20 days but can be extended as necessary.
• Final Protective Orders: Granted after a court hearing with both parties present, these orders can last up to two years. They may be extended if the court deems it necessary.
• Magistrate’s Order for Emergency Protection (MOEP): Often issued after an abuser’s arrest for family violence, these orders can last between 31 to 61 days, offering immediate protection.

To obtain a protective order, victims can contact their county or district attorney’s office, seek assistance from local family violence programs, or consult with private attorneys. Importantly, obtaining a protective order in Texas is free, and citizenship status does not affect one’s eligibility.

The Impact of Domestic Violence on Divorce Proceedings

Domestic violence significantly influences various aspects of divorce proceedings in Houston:

• Grounds for Divorce: Texas recognizes both no-fault and fault-based divorces. Domestic violence falls under “cruelty,” a fault-based ground, which can affect the division of property and spousal support.
• Child Custody and Visitation: Courts prioritize the child’s best interests. Evidence of domestic violence can lead to restricted or supervised visitation rights for the abusive parent.
• Division of Marital Property: While Texas is a community property state, meaning assets are divided equally, a history of domestic violence can influence the court to award a more favorable share to the victim.
• Spousal Support (Alimony): Victims may be entitled to spousal support, especially if the abuse has impacted their ability to work or if they lack sufficient property after divorce.

Resources Available for Victims in Houston

Navigating the aftermath of domestic violence requires access to supportive resources. In Houston, several organizations offer assistance:

• Houston Area Women’s Center: Provides shelter, counseling, and advocacy for domestic violence survivors. Their 24/7 hotline is 713-528-2121.
• Aid to Victims of Domestic Abuse (AVDA): Offers legal representation and counseling services. They can be reached at 713-224-9911.
• Texas Advocacy Project: Provides free legal services and advice to victims statewide.
• National Domestic Violence Hotline: For immediate assistance and guidance, victims can call 800-799-SAFE (7233).

Steps to Protect Yourself During Divorce

Ensuring safety and legal protection during a divorce involves several critical steps:

1. Develop a Safety Plan: This includes identifying safe places to stay, having emergency contacts, and preparing an emergency bag with essentials.
2. Document Abuse: Keep records of incidents, including dates, descriptions, medical reports, and photographs. This documentation can be pivotal in court proceedings.
3. Secure Legal Representation: Engage a domestic violence attorney experienced in handling such cases to guide you through the legal process and advocate for your rights.
4. Inform the Court: Ensure that the court is aware of any protective orders or ongoing threats, which can influence custody and property decisions.
5. Utilize Support Services: Engage with local organizations for counseling, support groups, and additional resources to aid in recovery and empowerment.

Empowering Yourself Through Knowledge and Support

Leaving an abusive marriage is undoubtedly challenging, but understanding your rights and the resources available can empower you to make informed decisions. In Houston, numerous organizations and legal professionals are dedicated to supporting victims of domestic violence.

By taking proactive steps and seeking the necessary assistance, you can protect yourself and your loved ones, paving the way for a safer and brighter future.

Why Choose Daniel Ogbeide Law for Your Legal Needs

At Daniel Ogbeide Law, we understand the profound challenges faced by victims of domestic violence, especially when navigating the complexities of divorce. Our team of dedicated family law attorneys in Houston is committed to providing compassionate and comprehensive legal support.

We prioritize your safety and rights, guiding you through each step of the legal process with expertise and care. With a deep understanding of Texas laws and a client-centered approach, we strive to achieve the best possible outcomes for our clients.

If you or someone you know is facing domestic violence and considering divorce, contact Daniel Ogbeide Law today at 832-321-7005 to schedule a consultation. Let us stand by your side and help you reclaim your life with confidence and security.