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The Nacol Law Firm PC
The Nacol Law Firm PC

Posts Tagged ‘dallas family law attorney’

ADOPTION IN TEXAS - Who May Adopt and Be Adopted.

Tuesday, November 3rd, 2009

(a)  Subject to the requirements for standing to sue under Chapter 102 of the Texas Family Code, an adult may petition to adopt a child who may be adopted.
(b)  A child residing in Texas may be adopted if:

(1)  the parent-child relationship as to each living parent of the child has been terminated or a suit for termination is joined with the suit for adoption;
(2)  the parent whose rights have not been terminated is presently the spouse of the petitioner and the proceeding is for a stepparent adoption;
(3)  the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, the person seeking the adoption has been a managing conservator or has had actual care, possession, and control of the child for a period of six months preceding the adoption or is the child’s former stepparent, and the nonterminated parent consents to the adoption; or
(4)  the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, and the person seeking the adoption is the child’s former stepparent and has been a managing conservator or has had actual care, possession, and control of the child for a period of one year preceding the adoption.

(c)  If an affidavit of relinquishment of parental rights contains a consent for the Department of Protective and Regulatory Services or a licensed child-placing agency to place the child for adoption and appoints the department or agency managing conservator of the child, further consent by the parent is not required and the adoption order shall terminate all rights of the parent without further termination proceedings.

Prerequisite to Filing Petition for Adoption
Texas Family Code Sec. 162.002 states:
(a)  If a petitioner is married, both spouses must join in the petition for adoption.

(b)  A petition in a suit for adoption or a suit for appointment of a nonparent managing conservator with authority to consent to adoption of a child must include:

(1)  a verified allegation that there has been compliance with Subchapter B ; or
(2)  if there has not been compliance with Subchapter B, a verified statement of the particular reasons for noncompliance.

Pre-adoptive and Post-placement Social Studies
In a suit for adoption, pre-adoptive and post-placement social studies  must be conducted as provided in Chapter 107 of the Texas Family Code.

Preferential Setting
The court shall grant a motion for a preferential setting for a final hearing on an adoption and shall give precedence to that hearing over all other civil cases not given preference by other law if the social study has been filed and the criminal history for the person seeking to adopt the child has been obtained.
Preparation of Health, Social, Educational, and Genetic History Report 

(a)  This section does not apply to an adoption by the child’s:

(1)  grandparent;
(2)  aunt or uncle by birth, marriage, or prior adoption; or
(3)  stepparent.

(b)  Before placing a child for adoption, the Department of Protective and Regulatory Services, a licensed child-placing agency, or the child’s parent or guardian shall compile a report on the available health, social, educational, and genetic history of the child to be adopted.

(c)  The report shall include a history of physical, sexual, or emotional abuse suffered by the child, if any.

(d)  If the child has been placed for adoption by a person or entity other than the department, a licensed child-placing agency, or the child’s parent or guardian, it is the duty of the person or entity who places the child for adoption to prepare the report.

(e)  The person or entity who places the child for adoption shall provide the prospective adoptive parents a copy of the report as early as practicable before the first meeting of the adoptive parents with the child. The copy of the report shall be edited to protect the identity of birth parents and their families.

(f)  The department, licensed child-placing agency, parent, guardian, person, or entity who prepares and files the original report is required to furnish supplemental medical, psychological, and psychiatric information to the adoptive parents if that information becomes available and to file the supplemental information where the original report is filed. The supplemental information shall be retained for as long as the original report is required to be retained.

Contents of Health, Social, Educational, and Genetic History Report
(a)  The health history of the child must include information about:

(1)  the child’s health status at the time of placement;
(2)  the child’s birth, neonatal, and other medical, psychological, psychiatric, and dental history information;
(3)  a record of immunizations for the child; and
(4)  the available results of medical, psychological, psychiatric, and dental examinations of the child.

(b)  The social history of the child must include information, to the extent known, about past and existing relationships between the child and the child’s siblings, parents by birth, extended family, and other persons who have had physical possession of or legal access to the child.

(c)  The educational history of the child must include, to the extent known, information about:

(1)  the enrollment and performance of the child in educational institutions;
(2)  results of educational testing and standardized tests for the child; and
(3)  special educational needs, if any, of the child.

(d)  The genetic history of the child must include a description of the child’s parents by birth and their parents, any other child born to either of the child’s parents, and extended family members and must include, to the extent the information is available, information about:

(1)  their health and medical history, including any genetic diseases and disorders;
(2)  their health status at the time of placement;
(3)  the cause of and their age at death;
(4)  their height, weight, and eye and hair color;
(5)  their nationality and ethnic background;
(6)  their general levels of educational and professional achievements, if any;
(7)  their religious backgrounds, if any;
(8)  any psychological, psychiatric, or social evaluations, including the date of the evaluation, any diagnosis, and a summary of any findings;
(9)  any criminal conviction records relating to a misdemeanor or felony classified as an offense against the person or family or public indecency or a felony violation of a statute intended to control the possession or distribution of a substance included in Chapter 481, Health and Safety Code; and
(10) any information necessary to determine whether the child is entitled to or otherwise eligible for state or federal financial, medical, or other assistance.

Filing of Health, Social, Educational, and Genetic History Report
(a)  This section does not apply to an adoption by the child’s:

(1)  grandparent;
(2)  aunt or uncle by birth, marriage, or prior adoption; or
(3)  stepparent.

(b)  A petition for adoption may not be granted until the following documents have been filed:

          (1)  a copy of the health, social, educational, and genetic history report signed by the child’s adoptive
           parents; and
          (2)  if the report is required to be submitted to the bureau of vital statistics under Section 162.006(e), a
           certificate from the bureau acknowledging receipt of the report.

(c)  A court having jurisdiction of a suit affecting the parent-child relationship may by order waive the making and filing of a report under this section if the child’s biological parents cannot be located and their absence results in insufficient information being available to compile the report.

Criminal History Report Required
(a)  In a suit affecting the parent-child relationship in which an adoption is sought, the court shall order each person seeking to adopt the child to obtain that person’s own criminal history record information. The court shall accept under this section a person’s criminal history record information that is provided by the Department of Protective and Regulatory Services or by a licensed child-placing agency that received the information from the department if the information was obtained not more than one year before the date the court ordered the history to be obtained.

(b)  A person required to obtain information under Subsection (a) shall obtain the information in the manner provided by Section 411.128, Government Code.

Residence with Petitioner.
(a)  The court may not grant an adoption until the child has resided with the petitioner for not less than six months.
(b)  On request of the petitioner, the court may waive the residence requirement if the waiver is in the best interest of the child.
Consent Required
(a)  Unless the managing conservator is the petitioner, the written consent of a managing conservator to the adoption must be filed. The court may waive the requirement of consent by the managing conservator if the court finds that the consent is being refused or has been revoked without good cause. A hearing on the issue of consent shall be conducted by the court without a jury.
(b)  If a parent of the child is presently the spouse of the petitioner, that parent must join in the petition for adoption and further consent of that parent is not required.
(c)  A child 12 years of age or older must consent to the adoption in writing or in court. The court may waive this requirement if it would serve the child’s best interest.
Revocation of Consent
At any time before an order granting the adoption of the child is rendered, a consent required by Section 162.010 may be revoked by filing a signed revocation.
Attendance at Hearing Required
(a)  If the joint petitioners are husband and wife and it would be unduly difficult for one of the petitioners to appear at the hearing, the court may waive the attendance of that petitioner if the other spouse is present.
(b)  A child to be adopted who is 12 years of age or older shall attend the hearing. The court may waive this requirement in the best interest of the child.
Sec. 162.015.  RACE OR ETHNICITY. 
(a)  In determining the best interest of the child, the court may not deny or delay the adoption or otherwise discriminate on the basis of race or ethnicity of the child or the prospective adoptive parents.
(b)  This section does not apply to a person, entity, tribe, organization, or child custody proceeding subject to the Indian Child Welfare Act of 1978
Adoption Order
(a)  If a petition requesting termination has been joined with a petition requesting adoption, the court shall also terminate the parent-child relationship at the same time the adoption order is rendered. The court must make separate findings that the termination is in the best interest of the child and that the adoption is in the best interest of the child.
(b)  If the court finds that the requirements for adoption have been met and the adoption is in the best interest of the child, the court shall grant the adoption.
(c)  The name of the child may be changed in the order if requested.
Effect of Adoption
(a)  An order of adoption creates the parent-child relationship between the adoptive parent and the child for all purposes.
(b)  An adopted child is entitled to inherit from and through the child’s adoptive parents as though the child were the biological child of the parents.
(c)  The terms “child,” “descendant,” “issue,” and other terms indicating the relationship of parent and child include an adopted child unless the context or express language clearly indicates otherwise.
(d)  Nothing in this chapter precludes or affects the rights of a biological or adoptive maternal or paternal grandparent to reasonable possession of or access to a grandchild, as provided in Chapter 153.

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A Father’s Rights

Monday, July 20th, 2009

Courts, legislatures and juries are becoming more aware of the necessity of father’s being involved in the lives of their children. Children with positive father involvement have fewer behavior problems, higher levels of sociability, and perform better in school.

Recent research suggests that father involvement during pregnancy affects multiple areas of child and family well- being, from prenatal care initiation and mother and child health outcomes, to the likelihood that the father will provide ongoing financial and emotional support. This body of research is gaining momentum. Local and regional governmental agencies are focusing more and more on parental father involvement in the lives of children.

As a result of the changes taking place in society today, the Courts are now recognizing a father’s ability to care for his children as becoming equal to that of the mother. Starting out on an equal plane, the Court may look to which parent is more stable, has a superior income, has a parenting plan in place for the child and is capable of providing proper child care and spending more quality time with the child.

If a father ignorantly gives up rights to his children based on prejudices of the past in the Court system he can feed a mother’s confidence and sponsor unnecessary ongoing litigation. The number one mistake made by father’s in the court system today is a failure to take the time to learn how the system works. Failing to learn how the family law system works may doom your case. Once you have learned the ins and outs of the family law system you will need to form a plan, set goals and never relent in enforcing your rights as a father.

Five of the biggest mistakes men make in a legal action are: 1) failing to respond to the legal action itself; 2) obtaining incorrect legal advice (from friends and family rather than a legal expert); 3) signing a settlement agreement they are not in agreement with and later deeply regretting it; 4) failing to perform under the actual settlement agreement signed; and 5) getting frustrated and/or acquiescing to unreasonable orders.

Some of the things you may want to consider as you prepare for the custody battle are as follows:

1. Who has the financial ability to best care for the child(ren)? Be sure to have income tax verification, W-2 Forms and other financial information available.
2. Form a parenting plan (child care, after school care, transportation, pediatrician, etc.).
3. Who is more stable and/or can provide the best home for the child(ren)?
4. Where has the child(ren) been attending school? Is it possible to keep the child in the same school district?
5. Prepare a chronology of events leading up to the divorce including treatment of the child(ren), time spent with the child(ren), activities with the child(ren), the child(ren)’s schedule.
6. Consider if a home study should be prepared regarding each home of the child.
7. Consider whether a psychological evaluation should be done on the mother?
8. Is drug testing necessary? (Be sure to request hair follicle drug testing.)
9. Is there an alcohol or other addiction problem in the home?
10. Who can provide the best moral upbringing for the children?
11. Is there evidence such as pictures, video tapes, etc. that may help your case?
12. Avoid unnecessary compromising photos or data on Facebook or other social networking sites.

List any other relevant issues you feel may be important to your case before you meet with an attorney.

The most important thing to remember is that your failure, if based on dated concepts and inapplicable worn out prejudices, will be her victory and your parental failure.

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The Uniform Interstate Family Support Act

Friday, July 17th, 2009

If a child and one of the child’s parents live in Texas, a child support order or paternity determination may be established without the assistance of another state. If the parents have already had sufficient contact with Texas, the Attorney General of Texas may be able to enter an order even if the parents do not currently reside here. If another state’s assistance is needed the Uniform Interstate Family Support Act enables Texas and other states to cooperate to establish a child support order.

The Uniform Interstate Family Support Act permits only one active support order for a case at a time. This cuts down on delays and confusion. If several orders exist, the Uniform Interstate Family Support Act has rules to determine which order should be followed (the “Controlling Order”).

Orders may be registered in different states for enforcement and modification purposes. Orders registered from another state are enforced as an order issued by the responding state.

States now have more power to collect payments from child support obligors who live in other states. The Uniform Interstate Family Support Act allows states to enforce their orders without the assistance of the state where the obligor lives. In many cases, a withholding order can be sent directly to an out-of-state non-custodial parent’s employer, requiring that child support be deducted from the parent’s wages.

The order can be registered by the other (responding) state for enforcement, but it cannot be changed by that state. The responding state has the authority to pursue collection using enforcement hearings, license suspension and incarceration of the delinquent non-custodial parent if necessary.

Changes in circumstances, such as job promotions, prolonged unemployment or disability, may affect the noncustodial parent’s payment status in the years following the establishment of the support order. Such changes may justify a modification in the support order.

The Uniform Interstate Family Support Act sets the ground rules for modification based on the state issuing the order, the states of residence of the parents and children, and the controlling order. If either of the parents or the child still lives in the state that issued the controlling order, any change in the support amount must occur in that state.

If all parties involved have left the state that issued the controlling order, that state may not be able to change the support amount. To change support, the order must be registered for modification in the state of residence of the parent who is not seeking the modification. If more than one state has issued an order, and none of the parties lives in those states, none of the orders is controlling.

All of the orders should be registered in the state that has jurisdiction over both parties. That state will calculate the amount of support to be paid and will issue a new controlling order.

The Uniform Interstate Family Support Act also allows both parents to agree in writing that a state where one parent resides may modify the order and take control of the case.

Once a state properly modifies another state’s order, the new amount of support is the amount to be collected by all states.

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Divorce: What is separate property and what is community property?

Tuesday, July 7th, 2009

Under the Texas Family Code, a spouses separate property consists of 1) the property owned or claimed by the spouse before marriage; 2) the property acquired by the spouse during marriage by gift, devise, or descent, and 3) the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.

The terms “owned and claimed” as used in the Texas Family Code mean that where the right to the property accrued before marriage, the property would be separate. Inception of title occurs when a party first has a right of claim to the property by virtue of which title is finally vested. The existence or nonexistence of the marriage at the time of incipiency of the right of which title finally vests determines whether property is community or separate. Inception of title occurs when a party first has a right of claim to the property.

Under Texas Constitution, Art. XVI, Section 15, separate property is defined as all property, both real and personal, of a spouse owned or claimed before marriage, and that acquired afterward by gift, devise or descent, shall be the separate property of that spouse; and laws shall be passed more clearly defining the rights of the spouses, in relation to separate and community property; provided that persons about to marry and spouses, without the intention to defraud pre-existing creditors, may by written instrument from time to time partition between themselves all or part of their property, then existing or to be acquired, or exchange between themselves the community interest of one spouse or future spouse in any property for the community interest of the other spouse or future spouse in other community property then existing or to be acquired, whereupon the portion or interest set aside to each spouse shall be and constitute a part of the separate property and estate of such spouse or future spouse; spouses may also from time to time, by written instrument, agree between themselves that the income or property from all or part of the separate property then owned or which thereafter might be acquired by only one of them, shall be the separate property of that spouse; if one spouse makes a gift of property to the other that gift is presumed to include all income or property which might arise from that gift of property; and spouses may agree in writing that all or part of the separate property owned by either or both of them shall be the spouses’ community property.

In 1917 the Legislature defined and income from separate property to be the separate property of the owner spouse. In Arnold v. Leonard, 114 Tex. 535,273 S.W. 799 (1925), the Supreme Court held that the Legislature did not have the constitutional authority to characterize the income from separate property as the owner’s separate property. The court explained that the Legislature’s authority was limited to enacting laws regulating the management and liability of marital property, not its separate or community character. This decision strengthened the constitutional principal that the Legislature may not define what is community and separate property in a manner inconsistent with Article 16, Section 15 of the Texas Constitution.

There are numerous means by which separate property may be acquired in defiance of Article 16, Section 15, a partial list includes mutations of separate property, increases in value of separate land and personality, recovery for personal injury not measured by loss of earning power, improvements of separate land with an unascertainable amount of community funds, and United States Securities purchased with community funds.

Although such property may undergo changes or mutations, as long as it is traced and properly identified it will remain separate property.

The Texas Family Code defines community property as follows: “community property consists of the property, other than separate property, acquired by either spouse during marriage.”

Texas Family Code, Section 3.003 states that all property possessed by either spouse during or at the dissolution of the marriage is presumed to be community property and that the degree of proof necessary to establish that property is separate property, rather than community property, is clear and convincing evidence. Clear and convincing evidence is defined as that measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established. If property cannot be proved to be separate property, then it is deemed to be community property.

The Texas Family Code, Section 7.002, deals with quasi-community property and requires a court divide property wherever the property is situated, if 1) the property was acquired by either spouse while domiciled in another state and the property would have been community property if the spouse who acquired the property had been domiciled in Texas at the time of acquisition; or 2) property was acquired by either spouse in exchange for real or personal property and that property would have been community property if the spouse who acquired the property so exchanged had been domiciled in Texas at the time of the acquisition.

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A Child’s Testimony and the Law

Monday, June 29th, 2009

The Texas Family Code provides for the child to have a voice in the Courtroom.  The “voice” appears in many forms and in many places in the Texas Family Code. 

 

Texas Family Code Section 153.008 allows a child to file his/her preference with the Court, if the child is 12 years of age or older.  This statute infers that the child’s preference is binding if the Court approves the designation.  However, the statute is absent any coercive language.  Many argue that the age of 12 is too young or too immature to understand the impact of a preference.  “12” is not a magical number.  The statute also does not state that the Court must make a determination upon the executed preference. 

 

Although one can view the filing of a preference as a “voice” of the child, many litigants view the filing as a starting place, just a request of the child.  The same child who may sign a preference for one parent having the right to determine he said primary residence, may also prefer to live with the other parent.  The right to determine the primary residence of the child is not necessarily the right to have primary physical possession – or is it?

 

The code continually strives to be gender neutral and avoid the use of the term:  physical custody.  The term “primary physical custody” is not contained in the statute, nor is there any language stating where the child lives or resides.  Each parent gets possession for a certain period of time.  Yet, no where does the code state “I live with mom/dad.”

 

Current law also states that a child may be a witness.  The Code makes certain that family law will be conducted as other civil cases.  Texas Family Code Section 104.002 gives specific rules for admission of a statement of a child who is under 12 years of age, and in cases that involve abuse.  The idea is that the statement of the child will be pre-recorded and not simply a deposition.  The statute is designated to give some comfort to the child in an atmosphere that may allow that abused child to feel safe.  It is clear that 104.002 is designed for cases dealing with abuse only, as it has “exceptions” to what would otherwise be testimony under simple cross examination.  The statute applies to children who are under the age of twelve years, with the idea that the statements are not elicited for purpose of establishing a preference, but for the purpose of establishing fact. 

 

Section 153.009 allows an in chamber interview with the child.  In a non-jury trial or at a hearing, on the application of a party, the amicus attorney or the attorney ad litem for the child, the court SHALL interview in chambers a child 12 years of age or older and MAY interview in chambers a child under 12 years of age to determine the child’s wishes as to conservatorship or as to the person who shall have the exclusive right to determine the child’s primary residence.  The court may also interview a child in chambers on the court’s own motion for a purpose specified by this subsection.

 

In a non-jury trial or at a hearing on the application of a party, the amicus attorney, or the attorney ad litem for the child or on the court’s own motion, the court may interview the child in chambers to determine the child’s wishes as to possession, access or any other issue in the suit affecting the parent-child relationship.  Interviewing the child does not diminish the discretion or the court in determining the best interest of the child.  In a jury trial, the court may not interview the child in chambers regarding an issue on which a party is entitled to a jury verdict.  In any trial or hearing, the court may permit the attorney for a party, the amicus attorney, the guardian ad litem for the child, or the attorney ad litem for the child to be present at the interview.  On the motion of a party, the amicus attorney, or the attorney ad litem for the child, or on the court’s own motion, the court shall cause a record of the interview to be made with the child is 12 years of age or older.  A record of the interview shall be part of the record in the case.

 

Under current law, the interview of a child in chambers is limited to a non-jury case and does not have any place in a jury trial.  However, the statute is clear that the interview can lead to much more information for the Court than simply questioning the child’s wishes as to conservatorship.  There is very little case law to guide the practitioner on this point. 

 

There is nothing in the Family Code that precludes a child from testifying in a deposition.  The use of deposition testimony may be the best approach to obtaining a child’s testimony in a jury trial. The parties may even agree to take the deposition at a place other than the law office, allowing a less hostile environment.

 

The use of pictures and family videos is another way to get a child’s voice heard.

 

 

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BEWARE: Social Networking Sites and the Law

Thursday, June 25th, 2009

Social networking sites originated in the mid-1990’s, but only recently began to expand across the web.  Two of the largest social networking sites are MySpace (with over 118 million members) and Facebook (with over 120 million members). 

 

The concept of social networking is easy enough.  You begin by filling out a profile, then you look for people you know.  When you find someone, you click to add him or her as a friend. Once this is done, you can see who your friends know, who your friends’ friends know, and so on.  Social networking is a wonderful avenue for connecting with persons across the globe, but must be done with caution.  Keep in mind, pictures, comments, and other information placed on your site may be accessed in any number of ways and may upon proper predicate be used against you in litigation. 

 

Family law practitioners can uncover a wealth of information using social networking sites.  Many firms are now making it routine to perform MySpace, Facebook and Match.com searches to see if they can obtain useful information on the opposing party, witnesses, or experts.  Such diligence has paid off in some cases.  In one case in particular, pictures were discovered of a wife’s sexually explicit boasts on her boyfriend’s MySpace page.  The evidence obtained assisted lawyers in securing child custody for the husband.  In another case, an attorney was able to undermine an opposing spouse’s credibility when she confronted him with his MySpace page describing him as “single and looking.”  While yet another case was won because a husband presented himself as “divorced” and gave a long description of the type of woman he wanted to meet.  Information obtained from these sites can be very useful when counsel is trying to provide proof of a spouse’s infidelity.  Therefore, is important to carefully and periodically monitor what you place on your social networking site. 

 

Social network evidence may in most cases also be used in child custody cases.  Pictures of a parent in various compromising situations while a child or children are in the parent’s custody can present a major problem in a custody lawsuit.  Partying, drinking, and negative statements about children used on social networking sites can be offered as evidence in Court.  Parents should use caution when placing pictures and other information on their social networking site.

 

Keep in mind that your employer can access your social networking site.  In one case, a partner in one of Dallas’s larger law firms used MySpace and Facebook to uncover details of a client’s former employee and her plans to circumvent a non-compete agreement.

 

Social networking has also been used in sexual harassment cases.  In Houston, Texas, a plaintiff was portrayed as a modest, innocent “wannabe nun.”  The opposing counsel found a MySpace page that painted a very different picture of a plaintiff, with numerous photos of her in scanty or provocative attire and engaged in suggestive horseplay at bars and with friends. 

 

Evidence obtained from social networking sites has been used in personal injury and in criminal cases.  Attorneys are running cyber checks on jury pools.  Many firms are running cyber searches on new clients, witnesses, opposing parties and experts. 

 

In the ever growing and expanding world of cyberspace, it is becoming increasingly important that you inform your counsel of any and all internet usage, sites and blogs which you have joined or participated in so that they may represent you and be properly prepared.

 

 

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Battered Women: End the Violence (the Protective Order)

Monday, June 8th, 2009

The Texas Health and Human Services commission reported an estimated 982,916 Texas women were victims of domestic violence in the year 2006.  In Texas, more than 800 women were killed by their domestic partners between 1998 and 2005.  These statistics evidence the growing number of women in need of protection.

 

The legal system can offer some protection from family violence through the use of a Protective Order.  A Protective Order is a civil court order that is designed to restrain an abuser from continuing acts of violence and threatening, harassing, or stalking conduct.  All victims of family violence are eligible for a Protective Order.  A court shall render a protective order if it finds that family violence has occurred and is likely to occur in the future.  A victim’s testimony about family violence may be enough to obtain a protective order, without other documents such as a police reports.

 

Family, in Texas, has a very broad definition.  Family can include relatives by blood or marriage, former spouses, parents of the same child (even if not married), foster parents or foster children, or any member or former member of a household (whether related by blood or marriage).  Any adult member of the family may file for a Protective Order to protect himself or herself or any other member of the applicant’s family or household, including children or the elderly.  The application may be obtained through the office of the county or district attorney, a private attorney or a legal aid program.

 

Protective orders can be important in ending or deterring family violence.  The purpose of the order is to: prevent future violence, identify appropriate and inappropriate behavior and reinforce beliefs that family violence is wrong.  A judge can create various conditions of a Protective Order.  In such order he can force a respondent to vacate a residence, pay child support, attend counseling, and/or not possess a firearm.  A Protective Order can require the abuser to stay away from the victim’s home, workplace, children, children’s school, and to keep a specific distance between the abuser and the victim.  It can order the abuser to stop communicating in a harassing or threatening manner.  Abusers who violate a protective order can be fined, arrested or both.  Keep in mind, no piece of paper can protect you from all incidents of violence; however, a Protective Order provides a good deterrent in most situations. 

 

If the court reviewing the application determines there is a real threat of family violence, the court may issue a temporary ex parte order without notice to the abuser which is valid for up to 20 days.  The court will then set a hearing date for the final protective order which will take place within the 20 day period.  At the final hearing, if the court so determines necessary, it may grant a final Protective Order that may be effective for up to two years.

 

Protective Orders are also available for people going through divorce.  In this case, the Protective Order must be filed in the same court where the divorce is pending and the pleadings in both matters must state that the other matter is pending.  It is important to remember that a Protective Order is not a custody determination and can not be used by one party to gain an advantage in a divorce proceeding.

 

Please contact your local law enforcement or domestic violence prevention agency immediately if you or someone you care about is a victim of family violence.  Even if you are not eligible for a Protective Order, there may be other options available.  For information on family violence contact the Texas Council on Family Violence, P.O. Box 161810, Austin, Texas 78716; Phone Number (512) 794-1133;

Website: http://www.tcfv.org.

 

The following is a safety planning list of things to get together if you are planning to leave:  If you have children, take them and take your pets if you can:

 

Identification for yourself and your children:

Birth certificates

Social security cards

Driver’s license

Photo identification or passport

Welfare identification

Green card

 

Important personal papers:

Marriage certificate

Divorce papers

Custody orders

Protective orders or restraining orders

Health insurance papers and medical cards

Medical records for family members

School records for children

Investment papers/records and account numbers

Work permits

Immigration papers

Rental agreements/lease or house deed

Car title, registration and insurance information

 

Funds:

Cash

Credit cards

ATM card

Checkbook and bank (deposit slips)

 

Keys:

House

Car

Safety deposit box

Post office box

 

Way to communicate:

Phone calling card

Cell phone (pay as you go phone is less traceable)

Address book

 

Medications:

At least 1 month’s supply of all medications

 

Way to get by:

Jewelry or small objects you can sell if you run out of money

or your account access gets cut off

 

Things to help you cope:

Pictures

Keepsakes

Children’s small toys and books

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