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Are there legal protections against domestic violence?

There’s a reason that Texas courts respond quickly to domestic violence allegations. In a recent example, a Texas man walked into an elementary school and shot his 8-year-old son and his estranged wife.

The man reportedly had a prior history of domestic violence. Unfortunately, domestic violence and guns can be a deadly combination. One local Dallas judge has made it a personal mission to take guns away from domestic violence suspects, at least temporarily.

Under current state law, a defendant who is convicted of domestic violence charges must surrender his or her firearms or weapons. The same applies to individuals against whom a protective order has been issued.

Keep in mind that Texas’ domestic violence laws may apply to other kinds of relationships, not just to spouses. A partner or significant other residing in the same household, as well as foster parents and foster children may also be subject to a protective order in abusive situations. The definition of domestic violence is specifically defined in the Texas penal code, but generally refers to the use of force to cause or threaten bodily harm.

Our family law firm has helped clients on both sides of this issue. If the claims were unfounded, a client may need to defend a smart strategy to illustrate that the allegations may have been made as a litigation tactic. If a client does need the protections offered by a court, however, our lawyers know how to act quickly and request a temporary restraining order from the court.

Source: THV11, “Texas judge works to seize weapons from domestic violence suspects,” Rebecca Lopez, April 12 2017

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