Dating Violence -Focus on Domestic Violence Part 1
Domestic violence has been in the spotlight in Dallas recently. Mayor Mike Rawlings held Dallas Men Against Abuse rally on March 23, 2013. The event brought many famous faces out in support of tougher laws, regulations and protections for victims of domestic violence. A write up of the rally can be found here: http://www.wfaa.com/news/local/dallas/domestic-violence-rally-199685311.html.
We have all had that boyfriend or girlfriend our family and friends just didn’t like. You spent all of your time with that person, you magically had the same interests, and you generally thought him or her was amazing. Family and friends saw it as controlling, isolated, and wondered where your brain had walked off to. At some point those rose colored glasses shattered and you were left wondering what you ever saw in that person. While it can seem like a rite of passage to have one of those dating relationships, some dating relationships can turn violent.
Under the Texas Family Code §71.0021, dating violence is an act that is “intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the victim in fear of imminent physical harm, bodily injury, assault or sexual assault.” So then, what is a dating relationship according to the Texas Family Code? Again, §71.0021 says, “A relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature.” There are three factors that will also be considered in determining if a dating relationship exists: the length of the relationship, the nature of the relationship and frequency and type of interaction between the persons.
In Dallas County if you are in a dating relationship that has turned violent or abusive there are ways to protect yourself. First and foremost, ensure you have a safe place to live away from the person causing the violence or abuse. Second, contact the police and seek medical attention if necessary. A record of the abuse and violence is important. Police and/or doctors will document the event(s), take photos of any injuries and take a statement from you. Third, get a Protective Order from the Dallas County Courts.
A Protective Order is a civil (non-criminal) mechanism that is filed with the courts. The courts issue the orders to prevent continued family or dating violence and/or abuse. A temporary ex parte order is a protective order that goes into effect immediately.
The temporary ex parte order application must include a detailed description of the facts and circumstances concerning the alleged violence and the need for an immediate protective order. A court will issue the temporary ex parte order if there is a clear and present danger of violence. Also, depending on the circumstances, the court may prohibit the alleged perpetrator from returning to a shared residence with the victim.
The temporary order is valid for a maximum of 20 days, although it can be extended in additional 20 day increments. The extensions must be requested on time in order for the temporary protective order to hold.
Are you or someone you know in a dating relationship that is violent or abusive? There are ways to protect yourself and we at The Wright Firm are here to help! The Wright Firm – Dallas Family Law Attorneys can help you navigate the legal process to safety. Give us a call at (972) 353-4600 or check us out on the web at thewrightlawyers.com
