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214-396-2048

Megan B. Rachel, Attorney At Law

Family Law, Divorce, and Child Custody Law Firm

214-396-2048

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    • Megan Rachel, Attorney
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Texas

Texas protective orders against domestic abusers

November 5, 2014 By Megan Rachel

Texas law sets out procedures for the victims of family violence to obtain protective court orders against their assailants.

Texas laws allow family-violence victims to seek court orders protecting them from their abusers, and the numbers support the need for protective orders to keep people safer.

Texas family violence

According to the Texas Department of Public Safety or DPS, in 2012 there were almost 200,000 instances of family violence in the Lone Star State, an 11.5 percent increase over 2011. When gender was known, about three-quarters of the victims were women or girls, and about one-quarter male.  The gender numbers for perpetrators were flipped: about three-quarters were male.

The highest number of victims – as well as offenders – was 20 to 24 years old.  Almost all of the incidents fell into the category of assaults, mostly simple assault.  “Major injuries” were reported in almost 10 percent of the incidents responded to by law enforcement, with the highest numbers being internal injuries or lacerations.

More than 80 percent involved perpetrators using their hands and feet as weapons to inflict injury, as opposed to using guns or objects as weapons.  Incidents with no weapons accounted for 7.5 percent, which involved threats (still considered family violence if they create fear of imminent harm).

Texas Protective Orders Attorney

The Texas Family Code contains many complicated procedures for protective orders against family violence and dating violence.  Because of this complexity, a family lawyer can be especially helpful to an applicant seeking one.

Alternatively, an attorney with protective-order experience can vigorously defend a person against whom such an order is wrongly or unnecessarily sought, including a possible rescission or appeal if an order is issued.

A protective-order application can be filed independently in state court or in conjunction with a divorce or a suit affecting the parent-child relationship.

The law says simply that the Texas state court shall render a protective order if the judge finds a history of family violence and the likelihood that it will continue.

“Family violence” is defined as an act by the “member of a family or household” (even if not related) against another member meant to cause injury or sexual assault, or a threat of such an act that makes the intended victim fear for “imminent physical harm, bodily injury, assault, or sexual assault…”

Family violence also includes abuse of a child in a family or household by a member of that family or household, as well as dating violence.

Dating violence means the same acts or threats as described in family violence, but against another person with whom the perpetrator has or has in the past had a dating relationship, defined as a “continuing relationship of a romantic or intimate nature.”  Dating violence also extends to victims who are married to or dating a third party with whom the abuser also has or has had a marriage or dating relationship.

A victim can seek a short-term temporary protective order “ex parte” (without notice to the alleged perpetrator) for up to 20 days with the possibility of another 20-day extension.  A regular protective order requires notice to and service on the alleged perpetrator and the court has specific time limits within which to schedule a hearing.

A regular protective order can last up to two years or longer in the worst cases.  A judge can order many things such as prohibiting the respondent from taking a child or pet, or from disposing of mutually owned property; giving the victim use of the residence or other property even if jointly owned with the respondent; providing custody, visitation and child support arrangements; ordering a battering prevention program; forbidding communication or contact; and more.

Filed Under: Family Law Tagged With: court, dating violence, domestic abuse, family violence, protective order, Texas, Texas Protective Orders, threat

Texas Adoption Procedures: Key Information

September 5, 2014 By Megan Rachel

Texas Adoption Procedures: Key Information

Adopting a child can be one of the most rewarding experiences in a parent’s life. However, laws relating to adoption are often complex.

That is why it is important not only to possess a thorough understanding of all applicable adoption laws, but also to have guidance through the entire process. This helps avoid complications that can delay the process or ultimately result in an adoption denial.

Consent and communication are the two main adoption issues

Adoption is a legal proceeding involving the official termination of parental rights by a child’s birth parents. The child’s adoptive parents then take legal responsibility for all parental rights of the child.

Birth parents may choose the adoptive parents; however, a birth mother may not consent to adoption until 48 hours after the child’s birth. This rule also applies to a biological father who is married to the birth mother.

Even fathers who are not married to the birth mother must consent to the adoption. By law, the birth father must be notified of the mother’s intention to adopt the child. If the birth father’s whereabouts are unknown, a reasonable effort must be made to contact him.

Birth parents may officially sign all legal documents relating to the child’s adoption any time after this 48-hour waiting period. Consent is not necessary when:

  • Parental rights have been officially terminated
  • The child unintentionally survived a planned abortion
  • The child’s birth is the result of a crime

If the biological mother suffers from mental illness and is unable to care for the child, consent is also unnecessary.

Consent is revocable within the first 10 days of signing the adoption papers. If the birth parents properly revoke their consent within the applicable time limit, the child is typically returned.

Texas law allows communication between birth and adoptive parents. The terms of communication are documented in a Trust Agreement.

However, adoptive parents reserve the right to modify this agreement at any time and may choose to limit or prevent contact between the child and his or her birth parents. An adoptive child who is forbidden from communicating with birth parents must wait until reaching adulthood before attempting contact.

Texas requires a six-month monitoring period for adoptive parents

In order to become an adoptive parent, an individual must be over 18 years of age. Additionally, if the potential adoptive parents are married, the petition for adoption must come from both parties.

Prospective adoptive parents may not advertise for birth parents. Rather, a qualified intermediary such as an attorney is normally used to facilitate the adoption process.

There are several procedures involved with ensuring adoptive parents are qualified to adopt a child. Home screening is mandatory, and the criminal histories of both adoptive parents are carefully scrutinized.

The adoption process is not complete until the child resides with the adoptive parents for a period of six months. The situation is monitored by a licensed child placement agency during this time.

The adoption is officially finalized at the end of the six months during a court proceeding. In some circumstances, a court may waive this six-month period if it is in the best interests of the child.

Individuals wishing to adopt a child should contact an experienced adoption lawyer. A skilled adoption lawyer understands the emotional stress and anticipation felt by both parents before an adoption.

The lawyer can act in the role of a counselor and provide advice to parents on the most efficient method of transferring parental rights. This ensures the least traumatic transition for the adopted child.

Filed Under: Adoption, Blog Tagged With: Attorney, Texas, Texas Adoption Attorney, Texas Adoption Procedures

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One Cowboys Way, Suite 175
Frisco, TX 75034
214-396-2048

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Megan B. Rachel, Partner
One Cowboys Way, Suite 175
Frisco, TX 75034
214-396-2048

Megan B. Rachel is located in Collin county, servicing families in surrounding areas such as, Frisco, Allen, McKinney, Plano, Denton County.

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