Domestic Violence

Domestic violence is considered very seriously in our family law cases. Both men and women can experience some form of domestic violence at the hands of a spouse or a partner. Such acts of violence often go unreported. Herein we present merely an overview of domestic abuse, as well as some suggested legal means to protect victims from its continued occurrence. Domestic violence refers to abusive behavior that may occur either on one occasion or as part of a repeated pattern, commonly due to anger-related issues or as a means of controlling an intimate partner. Whenever physical, psychological, or emotional abuse occurs, it can display itself in many forms. For example, it may involve what most people immediately think of, such as a perpetrator physically hurting a victim by hitting, slapping, punching, and even using a weapon against them. Domestic abuse, however, often takes on or includes such insidious forms of control as restraining a victim against his or her will; withholding or manipulating food, money, medication, and transportation; isolating a victim from having friends or family members in their life; intimidating, insulting, criticizing or degrading them, thus lowering their self-esteem; as well as shouting or cursing loudly while hitting walls, kicking doors, or throwing things during arguments. It can also extend to threatening a victim’s children or pets. In many of our cases, we discover that an opposing party has monitored our client’s movements or communications, whether through their computer or phone. If you or a friend or loved one has experienced these types of behavior, they do represent forms of domestic violence.

How we can help

Izzo & Associates has several legal tools at its disposal to aid our clients who have suffered through the trauma of domestic violence. Legally, we can utilize one of two options to combat this syndrome: Protective Orders and/or Temporary Restraining Orders. Based on the specific circumstances, such emergency orders can have the effect of legally preventing an alleged perpetrator from coming within a certain radius of a victim’s home or work; from assaulting, threatening, or making contact with the victim; and from preventing access to their minor children or other family members, as well as even possibly their pets.

Types of Orders

Protective Orders

If physical violence has occurred, our attorneys can file an Application for a Protective Order. In this event, we draft an Application for a Temporary Protective Order with an affidavit affixed from our client, alleging the serious facts of their case, as well as a proposed Temporary Ex Parte Protective Order for a judge to sign. If, upon reviewing this application and speaking with us and sometimes to the alleged perpetrator’s counsel, a judge signs the temporary ex parte protective order, a protective order hearing will also be scheduled when testimony and evidence will be provided to the court to determine if there is reasonable cause to issue a more lengthy Protective Order.

Temporary Restraining Orders

Izzo & Associates attorneys also can request a Temporary Restraining Order to enjoin an opposing party from specific actions and/or to request immediate, extraordinary relief from a court even before a hearing is held, such as restricting one party from access to a child. If you, a family member, or a friend or associate has been the victim of domestic violence or if you are facing an emergency family matter, please get in touch with Izzo & Associates, PLLC, and we will advise how we can help.

Effects of Domestic Violence in a Custody Case

The existence of domestic violence in a Family Law case, as mentioned above, is taken very seriously by Texas courts. In cases where children are involved, a determination concerning the alleged perpetrator’s ongoing contact with said children will be at issue. In cases where it is found that domestic violence has occurred, Texas courts do have the ability to order perpetrators to take parenting or anger management classes to get counseling. In many instances, they will only be allowed Supervised Visitation or possibly no contact at all with their children.

Note: Ask your Izzo & Associates attorney about the various options available to protect your children in domestic abuse cases.