Texas Domestic Violence

Texas Domestic Violence Law

Many Facets of Domestic Violence

Texas domestic violence cases are of two varieties: criminal and civil. This means that if someone is a victim of domestic violence, they can file criminal charges against the defendant, as well as sue them for financial remuneration in civil court. There is a broad range of behavior that qualifies as domestic violence: assault, stalking and menacing, child abuse and sexual assault.

Understanding Domestic Violence Charges

It is important to note that domestic violence is not just restricted to the family (spouse or children). Other types of partnerships, such as dating relationships, can be addressed under these laws. Though there are several different aspects of domestic violence, nearly every case begins with a protective order being issued to the alleged abuser. Should this order be violated in any way, it can result in a contempt criminal conviction.

Different Forms of Domestic Violence

At The Law Office of Philip M. Gommels, we defend every type of domestic violence case. These may include, but are not limited to:

Domestic assault (assault family member) involves a range of actions from threats to assault with deadly weapons toward any individuals who live in the house with the victim, not just a spouse.
Stalking is generally defined as excessive or unreasonable pursuit of a person by their partner or prospective partner, which causes anxiety or fear by the victim.
Menacing can be thought of as stalking taken to extremes; it involves the perceived intent by the perpetrator to create the fear of injury or death to the victim.

Hire a Domestic Violence Lawyer Immediately

If you are being investigated or questioned by attorneys or law enforcement officers, YOU HAVE THE RIGHT TO REMAIN SILENT.

If you or someone you know is being investigated on any Texas domestic violence charges, it is vital to contact an experienced attorney immediately. They can protect you from making statements that the prosecutor can use against you and protect you in the court of public opinion, which can often become a crucial part of these cases. Call us today for a consultation.

What is Domestic Violence?

Domestic Violence Definition

In short, domestic violence (DV) refers to one person’s repeated efforts to dominate or control another person. This can happen in different forms of abuse. Further, many studies show that women are usually the victims of DV. However, men can be victims, too. Plus, domestic violence does not only occur at home. In fact, it can happen in other places like work.

In general, here are the main types of domestic violence:

Economic Abuse: The denial of access to money (i.e. banks accounts).
Emotional Abuse: Manipulation, name-calling, threats, stalking, lies, and more.
Physical Abuse: Strangling, hitting, kicking, pushing, or other acts of physical violence.
Sexual Abuse: Sexual threats, forceful sex, sexual assaults, and more.

Ultimately, if your partner does this or anything like this, you are a victim of abuse. Get help ASAP.

Reporting Domestic Violence

Unfortunately, domestic violence is severely underreported. Yet this type of crime is more prevalent than ever. But, why? Well, DV usually happens behind closed doors. And most victims do not tell anyone what they are going through or seek help. As a result, they suffer in silence.

According to a UN Report from 2018, domestic abuse is more common than most people thought. For example, here are a few statistics from this report:

More than 87,000 people were murdered worldwide in 2017.
Out of these murders, 58% were victims of domestic abuse.
In addition to that, only 25% of DV victims report physical abuse.
When it comes to sexual abuse, only 20% of victims report it to authorities.
Further, only 50% of victims choose to do anything about someone stalking them.
Finally, on average, a woman will have already been attacked 35 times before she seeks help and reports it to the police.

So, with all these facts about DV, what is stopping victims from speaking out and seeking help? In short: society. Yes, society plays a major role in silencing DV victims. To explain, there is a lot of taboo behind domestic abuse. In fact, a 2014 study found that 24% of Americans find conversations about DV taboo. Then, in 2018, the same survey was given to Americans, and the results are shocking. As of 2018, 34% of Americans now find the topic taboo. This means that 34% of Americans would rather turn a blind eye to a serious, sometimes deadly crime than to have an open discussion about it.

As a result, victims stay quiet because they want as little negative attention as possible. Sadly, this is the main reason for underreporting of DV. However, they are also afraid to lose their partner.

Causes of Domestic Violence

Before solving a problem, understanding the causes of the issues is vital. So, why would someone want to control and dominate someone else so badly that they hurt them?

In most cases, alcohol affects both mental and physical health. As a result, a person may act recklessly.
Gender Discrimination. Also known as “toxic masculinity,” this happens when people think they are superior to their partner simply because of their gender.
Lack of Empathy. In short, this is what we call a psychopath. They have no feelings or remorse for anything they do. No further explanation needed.
Sense of Entitlement. This is the result of someone viewing others as less than and unworthy.

Effects of Domestic Violence

Now that the main causes of DV are clear, it’s time to see how it affects the victims. To be specific, here are some effects of DV:

Only 34% of victims of physical abuse get proper medical care.
Due to the trauma of DV, 20-60% of victims lose their jobs.
In the US, over 8 million workdays are lost by victims of DV. This is equal to 32,000 full time jobs.
As a result of lost workdays, the US economy loses $5 to $12 billion per year.
Due to forced sex, DV victims are more prone to STDs or HIV.
Victims of domestic sexual abuse usually experience severe effects on their mental health. Oftentimes, this leads to depression or suicide.

In addition to these effects, there are many more negative impacts of DV on the victim and society as a whole. So, it’s even more important now than ever to end domestic violence.

Domestic Violence and Divorce

If you are married and your partner is abusive, you need to get out ASAP. Fortunately, divorce can wait. However, your safety cannot. Once you are safe, you should consider the following:

To start, domestic violence affects divorce in a few ways. First, women should understand the “Violence Against Women Act.” Plus, it’s important to know the legal definition of abuse. Then, consult a lawyer. But make sure you have proper evidence to ensure everything runs smoothly for you.
Child custody. Next, child custody is also impacted by domestic abuse. To explain, your partner still has a chance of some child custody even if they are abusive to you. However, if they also abuse your children, there is no chance of them gaining any custody of them.
Property division. In addition to child custody, domestic violence also affects property division. Always consult a lawyer before proceeding. Sometimes your partner could be hiding property from you. However, a lawyer can find out if this is the case.
Finally, you should focus on alimony. If your partner committed economic abuse, you will be eligible for alimony by a court. In fact, you may be eligible for alimony even if your partner did not keep you from working.

Overall, the most important thing is your safety. However, divorce is the next best step. First, you must understand the law and have proper evidence. Then, it is in your best interest to consult a lawyer about child custody, property division, and alimony.

How to Deal with Domestic Violence

So, it’s clear how domestic violence affects divorce. Now, how do you deal with abuse? Unfortunately, there’s not a how-to guide since situations vary. But there are a few general tips for dealing with domestic violence.

If you are the victim of domestic violence, consider the following:

Get support. Once you grasp you situation, your first step should be seeking help. Maybe confide in a close friend. Or consider speaking with a counselor. When you explain what’s happening, they can help you.
Think about a refuge. Fortunately, there are many refuge homes all over the country. In general, this is the way to go if living at home with your partner makes you feel unsafe.
Report it to authorities. If you feel like you’re in danger, contact authorities ASAP. In short, police are here to protect you. Plus, they can properly guide your next steps.
Consult a lawyer. Oftentimes, people are not familiar with most laws and acts. To avoid mishaps, hire a lawyer.
Don’t wait. Finally, this is the most important tip of them all. Do NOT wait. Sadly, this is a common mistake victims make. As a result, they continue to be abused. To stop the abuse, act quickly and accordingly.

If someone you know is the victim of domestic violence, try these tips:

Don’t judge them. As previously discussed, one of the reasons victims do not speak up about their situation is due to society. Further, they do not want any negative attention. Plus, you never know what they are going through. If you judge them, it could make things worse and cause them not to open up to you.
Show empathy. In most cases, abusers drain the spirit out of their victims. Usually, they will not seek help or talk about what they are going through. So, you need to be patient with them and make them feel comfortable. More often than not, they will open up to you.
Know how to identify the signs. Before you can help a victim, you must be able to identify the warning signs. Sadly, most victims do not talk about their situation. As a result, it’s hard to identify victims of DV. However, there are a few warning signs to look for:
- Black eyes
- Busted lips
- Bruises
- Sprained wrists

Get Help

In general, anyone can be a victim of domestic violence. Further, DV doesn’t discriminate based on age, gender, race, or region. From everyday people to celebrities, everyone is at risk of domestic abuse.

So, if you like you are a victim of domestic violence, seek help. You are not alone. And if you get help, it can end your suffering.

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