Irving Domestic Violence Attorney
Domestic violence cases often involve intricate, sensitive, and challenging situations, making it difficult for victims to seek help promptly. Misconceptions about what constitutes domestic violence, coupled with feelings of shame or fear of repercussions, can deter individuals from reporting abuse, especially if it involves a family member.
Fortunately, Burns Iwuji, PLLC offers professional legal services to address these issues.
Our law firm comprises qualified Irving domestic violence attorneys with a wealth of experience handling diverse cases, regardless of their complexity or the perpetrator’s identity. We are committed to protecting your legality and seeking appropriate legal recourse against your abuser.
Your story will be heard without judgment, and your information will be treated with the utmost confidentiality. Our attorneys will then assist you in taking the necessary legal steps to halt further abuse and seek justice. While the initial steps may seem daunting, sharing your experience can be a lifeline.
Rest assured that our domestic violence lawyers will act swiftly and proactively to safeguard your rights and ensure your safety.
Call Burns Iwuji, PLLC today at (469) 213-3316 for your Free Case Evaluation with a Irving Domestic Violence lawyer!
Defining Domestic Violence
The most prevalent form of domestic violence involves physical abuse within marital or cohabitating relationships. However, domestic violence encompasses various forms of abuse in different relationships.
According to the Texas Family Code, domestic violence constitutes any deliberate, knowing, or reckless action by a family member, household member, or current or former dating partner that results in physical harm, bodily injury, assault, or the imminent threat of physical harm.
Abuse is categorized as family violence when it is committed by individuals related to the victim by blood or affinity, including:
- Spouses
- Former spouses
- Adopted children
- Foster children
- Foster parents
- Children
- Grandchildren
- Parents
- Grandparents
- Siblings
- Aunts and uncles
- Cousins
Dating violence pertains to abuse by someone romantically involved with the victim, regardless of their cohabitation status. Conversely, household member violence refers to abuse committed by someone who currently or previously lived with the victim, irrespective of their relationship.
In Texas, domestic violence is classified into three categories: domestic assault, aggravated domestic assault, and continuous violence against the family.
- Domestic Assault: For a first domestic assault conviction, it is categorized as a Class A misdemeanor. Subsequent offenses elevate it to a third-degree felony.
- Aggravated Domestic Assault: Aggravated domestic assault with a deadly weapon resulting in severe bodily harm is a first-degree felony. Other variations are classified as second-degree felonies.
- Continuous Violence Against the Family: This involves two domestic assaults committed by the same offender within twelve months. These assaults do not have to involve the same victim or result in an arrest or conviction. Continuous violence against the family is considered a third-degree felony.
Legal Protection From Violence
At Burns Iwuji, PLLC, we possess in-depth knowledge of Texas domestic violence law and are adept at strategically representing victims in pursuit of justice. We are dedicated to ensuring your safety, both during and after the court proceedings.
Our Irving domestic violence lawyers can initiate the process of obtaining a protective order on your behalf, tailored to the specifics of your abuse situation. The various types of protective orders available include:
- Temporary Ex Parte Order: This is the most suitable option if you require immediate protection from your abuser. The court can issue this order without the abuser’s presence and provide you with up to 20 days of protection. If necessary, you can request an extension, especially if the abuser has not been served by the end of the initial order.
- Permanent Protective Order: Typically, the maximum duration of this protective order is two years. If no specific date is mentioned, it is assumed to expire on the second anniversary of its issuance. However, if the court believes that there is a continued risk of domestic violence beyond two years, they may grant an extension upon your request.
- Magistrate’s Order for Emergency Protection: This order is issued when your abuser is arrested for family violence, sexual assault, sexual abuse, indecent assault, stalking, or trafficking. It can be granted without your presence in court and usually remains in effect for 31-61 days. If the abuser used or displayed a deadly weapon during the incident, the magistrate can issue this order without any request and extend it for up to 61-91 days.
Regardless of the type of protective order that aligns with your situation, our Irving, TX domestic violence lawyers are committed to expeditiously securing your protection. We will meticulously prepare all necessary documentation and file the request for the order on your behalf. Your safety is our top priority.
Let’s Talk Now – Free Case Evaluation
We recognize that discussing abuse within your home with a stranger can be a daunting step. However, your safety, as well as that of your family members, takes precedence above all else. If you or someone you are aware of is enduring abuse at the hands of a family member, household member, or dating partner, we urge you to seek legal assistance without delay.
At Burns Iwuji, PLLC, our Irving domestic violence lawyers are prepared to respond promptly to your call for help. We are committed to acting swiftly to secure legal protection on your behalf and formulating a legal strategy to ensure that your abuser faces appropriate consequences for their actions. Your safety is our foremost concern.
Call Burns Iwuji, PLLC today at (469) 213-3316 for your Free Case Evaluation with a Irving Domestic Violence lawyer!