Call Us
512-628-2550
Protecting What Matters Most
Protecting What Matters Most
Domestic violence affects families across Austin every day, and the legal consequences can reshape your case in ways that go far beyond the immediate crisis. Whether you are seeking protection from an abusive partner or navigating the aftermath of a restraining order in a divorce or custody dispute, having a clear understanding of Texas law is the first step toward protecting yourself and your children.
At Evans Family Law Group, we work with individuals throughout Austin and the surrounding counties on domestic violence matters from a family law perspective, including protective orders, custody implications, and defense against false allegations. If you are looking for a domestic violence lawyer in Austin, TX, our team is ready to help.
Texas law defines family violence in specific terms, and understanding that definition matters because it directly determines what legal remedies are available and how courts respond. Under Texas Family Code § 71.004, family violence includes an act by a member of a family or household intended to result in physical harm, bodily injury, assault, or sexual assault, as well as threats that reasonably place the victim in fear of imminent harm. Dating violence is also covered under this definition.
Domestic violence does not always appear as physical injury. Courts and attorneys recognize a range of conduct that qualifies under Texas law:
Recognizing domestic abuse is not always straightforward. According to the United Nations, domestic abuse encompasses a broad pattern of behavior used to gain or maintain power and control over an intimate partner. Common signs include frequent injuries explained away as accidents, withdrawal from friends and family, visible anxiety around a partner, and unexplained changes in financial access.
Texas treats family violence seriously at both the civil and criminal levels. On the civil side, the Texas Family Code governs protective orders, custody restrictions, and the impact of a family violence finding on conservatorship. On the criminal side, assault and family violence charges can carry significant penalties, including jail time and a permanent mark on a person’s record. A single act of family violence can be enough to trigger consequences in a custody case, and Texas courts have held that one occurrence can constitute a history or pattern of family violence under the statute.
Texas provides three types of protective orders for victims of family violence. Each serves a different purpose and operates on a different timeline. Understanding which applies to your situation is essential before taking action.
A temporary protective order in Texas, also known as a temporary ex parte order, can be issued without the other party present. A judge may grant this order when there is a clear and present danger of family violence. It typically lasts up to 20 days and is designed to provide immediate protection while a full hearing is scheduled. These orders can prohibit contact, require one party to vacate a shared residence, and include temporary child custody provisions.
Despite the name, a permanent protective order in Texas is not indefinite. It typically lasts up to two years, though courts may extend it in cases involving serious or repeated violence. A full hearing is required where both parties present evidence, and the court must find that family violence occurred and is likely to occur again before granting the order.
A Magistrate’s Emergency Protective Order (EPO) is issued by a judge at the time of a domestic violence arrest, often the same night. Law enforcement can request one on a victim’s behalf. An EPO takes effect immediately and typically lasts 31 to 91 days. It prohibits the arrested person from communicating with the victim and may include provisions related to children in the home.
In Austin, protective order applications are filed with the Travis County District Clerk’s office. The process begins with completing an application that documents the acts of family violence and explains why ongoing protection is necessary. A judge reviews the application and, if immediate danger is evident, may issue a temporary ex parte order the same day. A hearing is then scheduled, typically within 14 days, where both parties appear before the court.
Documentation such as police reports, medical records, photographs, text messages, and witness statements can all be relevant at that hearing. Working with an attorney beforehand helps ensure the evidence is organized, the application is accurate, and the presentation to the court is clear and complete.
A protective order does not exist in isolation. In Texas, a finding of family violence carries direct legal consequences in divorce and custody proceedings, and those consequences can be significant. Under the Texas Family Code, if a court finds that a parent has a history or pattern of family violence, that parent is barred from being named a joint managing conservator of the child. This is not discretionary. The statute removes that option once the finding is made.
That said, a family violence finding does not automatically eliminate all parenting rights. If the court determines that contact with the parent poses no danger to the child’s physical health or emotional welfare and that contact is in the child’s best interest, the court retains authority to craft a possession schedule. The focus shifts from what happened between the parents to what kind of parent the individual is and whether meaningful contact with the child is safe and appropriate.
Protective orders can also affect property division timelines, temporary housing orders, and the overall tone of settlement negotiations. A case with an active protective order often becomes more complex, which is why having experienced legal counsel from the start helps protect your position at every stage.
Not every allegation of domestic violence reflects what actually occurred. In high-conflict divorces and custody disputes, false or exaggerated allegations are sometimes made as a litigation strategy, whether to gain leverage in custody negotiations, secure exclusive use of the marital home, or shift the dynamics of a divorce proceeding. The consequences of a false allegation can be severe, including removal from the home, restrictions on contact with children, and reputational harm.
Defending against a false allegation requires acting quickly and strategically. The response at the first hearing often shapes how the case develops from that point forward. Evidence matters, including communication records, witness accounts, timelines, and any documentation that contradicts the allegation. An attorney’s role is not simply to argue innocence but to present a measured, credible case focused on the facts and, where children are involved, on the parents’ actual relationship with the child.
Domestic violence cases move quickly, and the decisions made in the early stages often have lasting consequences. At Evans Family Law Group, we represent clients throughout Austin and the surrounding counties in protective order proceedings, custody matters involving family violence findings, and defense against false allegations.
To speak with a domestic violence lawyer in Austin, TX, call us today at (512) 628-2550 and schedule your consultation.
James W. Evans is a board-certified family law attorney and the founder of Evans Family Law Group. With over 25 years of experience, he has built a reputation as a trusted advocate for Texas families navigating divorce, custody, and complex family law matters.
Accolades & Distinctions
Client Reviews
2 months ago 
I had a great experience working with Jimmy Evans on my divorce case. He provided excellent counsel and always focused on getting me the best results. He was accommodating and made sure I understood each step of the process. His paralegal, Dina, was also wonderful! She kept communication clear and timely, and I could always count on her for quick updates and answers. The firm as a whole was efficient, professional, and supportive, which made a difficult process much easier to navigate. I highly recommend Jimmy Evans and his team.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney James Evans, who has more than 20 years of legal experience as a family law attorney.
At Evans Family Law Group, we combine our in-depth knowledge, strategic approach, and commitment to you to achieve optimal results.
Effective in and out of the courtroom with 17 years in practice and over 100 jury trials to our credit.
Message Us 
Call Us