Domestic Violence Awareness Month Empowers Victims to Seek Divorce and Safety

October is Domestic Violence Awareness Month, a critical time for raising awareness about domestic violence and empowering victims to seek safety. In Texas, victims of domestic violence often face immense challenges when deciding to leave abusive marriages, with factors such as fear, financial dependence, and concerns about child custody playing significant roles in their hesitation. At The Barrows Firm in Southlake, Texas, led by principal attorney Leslie Barrows, we are not just committed; we are dedicated to helping victims navigate the complexities of divorce while protecting their safety and well-being. We aim to give you the reassurance and confidence to take the first step towards a safer future.

The Tragic Reality of Domestic Violence

Legal protections are not just a formality, they are a lifeline for victims of domestic violence. They provide security and support, reassuring victims they are not alone in their struggle. Unfortunately, domestic violence is not uncommon, as evidenced by a recent tragic case in Amarillo, Texas. On September 7, 2024, police responded to a horrifying scene where a man, Jose David Olmos, killed his wife, Jessica Rose Olmos, and her two children, Jazele and Daniel, before taking his own life. According to reports, the couple had a history of domestic violence. Despite Jose Olmos being ordered to stay away from Jessica and her children after a previous assault charge, she returned to the home, attempting to reconcile. This case serves as a stark reminder of the dangers victims face when trying to leave abusive relationships and why having legal protections in place is so vital.

Connections for Abused Women and their Children: What Is the Psychological Makeup of an Abuser?

Articles on Domestic Violence from the Barrows Firm Archives:
- Verbal and Emotional Abuse in Texas Divorce and Family Law
- Protective Orders in Texas for Family Violence and Domestic Violence Regardless of Filing for Divorce
- Domestic Violence & Self-Defense

Barriers Victims Face in Leaving Abusive Marriages

Many victims of domestic violence delay leaving their marriages due to several challenges, including fear of their abuser, financial dependence, and concerns over child custody. It is crucial to address these concerns and educate victims on the legal protections available to them through the divorce process in Texas.

1. Fear of Retaliation: Victims often fear that leaving an abusive partner will lead to further violence or even death. In Texas, divorce lawyers can assist in obtaining protective measures such as restraining orders to keep the abuser away from the victim and their children. These orders can also prevent the abuser from contacting or harassing the victim during and after the divorce process.

2. Financial Dependence: Abusers often control the family’s finances, making it difficult for victims to leave. However, the court can grant temporary financial relief during divorce proceedings. At The Barrows Firm, we help clients secure spousal support and access to marital assets, ensuring they have the resources to transition to safety.

3. Child Custody Concerns: Many victims fear losing custody of their children or worry that the abuser will gain unsupervised visitation rights. Texas family law courts prioritize the safety of children and their custodial parents, and we can assist in securing emergency custody orders that protect the children from being placed in dangerous situations.

Legal Protections for Victims of Domestic Violence During Divorce

The divorce process in Texas can be incredibly challenging for victims of domestic violence, but there are several legal tools available to protect them. If you or someone you know is experiencing domestic violence and is considering divorce, understanding the available options can make a significant difference.

1. Restraining Orders and Protective Orders

Protective orders (often called restraining orders) are critical for safeguarding victims from further abuse. A protective order is a legal document issued by a Texas court that requires the abuser to stay away from the victim and any children involved. The order may also include restrictions on where the abuser can go, such as the victim’s home, workplace, or children’s school.

If there is an immediate threat of harm, a court may issue an emergency protective order without notifying the abuser. This type of order provides immediate protection while a longer-term solution is pursued through the legal process. It’s important to note that the court takes the enforcement of protective orders seriously, and violations can result in severe penalties. At The Barrows Firm, our divorce attorneys are well-versed in helping victims file for protective orders during the divorce process, giving them the safety and security needed to proceed with their case.

2. Emergency Custody Orders

When domestic violence involves children, the safety of the children is paramount. Texas courts prioritize the child’s best interests, including ensuring they are not exposed to harm. Emergency custody orders can be obtained to remove the children from dangerous environments and provide the custodial parent with full legal rights to make decisions regarding their well-being.

If the abuser poses a risk to the children, the court can restrict their access to the children by granting supervised visitation or revoking visitation rights altogether. At The Barrows Firm, we assist clients in presenting evidence to the court to demonstrate the need for emergency custody orders and protective arrangements for the children. This evidence can include police reports, medical records, or witness statements that document the abuse and its impact on the children.

3. Financial Support and Division of Assets

Financial dependence is a significant barrier for many victims of domestic violence seeking divorce. The court can order temporary spousal support (alimony) during the divorce process in Texas. This financial assistance ensures that the victim has the means to support themselves and their children while the divorce is ongoing.

In addition, the division of marital assets is an essential part of the divorce process. Texas is a community property state, meaning both spouses are entitled to an equitable share of the assets accumulated during the marriage. At The Barrows Firm, we help clients secure their fair share of marital assets, ensuring they have the financial stability needed to start a new life free from abuse.

Divorce Process for Victims of Domestic Violence

The Barrows Firm is not just a legal entity; it is a support system for domestic violence victims. We provide compassionate counsel to victims, guiding them through the legal process to ensure their safety and protect their rights. Our experienced divorce lawyers are here to help you navigate the complexities of divorce, providing the support and guidance you need to move forward.

Step 1: Filing for Divorce

To initiate a divorce in Texas, one spouse must file a petition for divorce with the family court. This petition is a formal document that outlines the details of the marriage, the reasons for seeking a divorce, and any requests for child custody, spousal support, or division of assets. The petition should clearly state the grounds for divorce, including any claims of domestic violence. Texas allows for no-fault divorce, but in cases of domestic violence, fault-based grounds such as cruelty can be cited.

Step 2: Temporary Orders

Once the divorce is filed, the court can issue temporary orders to address issues such as child custody, spousal support, and using marital assets. These orders remain in effect until the final divorce decree is issued and are crucial for maintaining stability during the divorce process. Victims of domestic violence can request temporary restraining orders, emergency custody orders, and financial support through these proceedings.

Step 3: Mediation and Settlement

In many cases, divorces are resolved through mediation rather than going to trial. However, for victims of domestic violence, mediation may not be appropriate due to the power imbalance between the parties. The Barrows Firm prioritizes the safety of our clients, and we will recommend mediation only when it is safe and effective.

Step 4: Finalizing the Divorce

The final stage of the divorce process is issuing a final decree of divorce, which includes decisions on child custody, property division, and spousal support. At this stage, protective orders can be permanent, and long-term financial arrangements can be established.

Conclusion

As we recognize Domestic Violence Awareness Month this October, it is essential to remember that victims of domestic violence do not have to face their struggles alone. At The Barrows Firm in Southlake, Texas, Leslie Barrows and her team of experienced divorce attorneys are here to provide the legal support and protection victims need to escape abusive marriages and rebuild their lives safely. Whether you seek a restraining order, emergency custody, or financial protection during the divorce process, our firm is dedicated to ensuring your rights and safety come first. Contact The Barrows Firm today for compassionate and skilled legal counsel.

‍