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protective order, domestic abuse, restraining order, Texas, San Antonio, family law, lawyer, attorneyFor victims of domestic abuse and violence, it may appear that there is no hope for escape. However, that is not the case. The most effective way to escape domestic abuse is through a protective order. According to the Texas Council on Family Violence, a protective order is a "civil court order issued to prevent continuing acts of family violence."

There are three types of protective orders in Texas: temporary ex parte, final, and magistrate's order of emergency protection. A temporary ex parte protective order will provide a victim of domestic abuse with immediate protection. These may be obtained without the presence of the abuser in court, so long as the judge believes the abuser presents a clear danger of violence to the victim. However, an abuser cannot be arrested for violating this type of order. Temporary ex parte orders generally last for 20 days and can sometimes be renewed for an additional 20-day period. Next, we have the magistrate's order of emergency protection, sometimes referred to as simply an emergency protective order. These are issued by the criminal court after an abuser has been arrested for committing family violence, sexual assault, or stalking. This type of order is generally good for 31-61 days, but will last from 61-91 days if the abuser was arrested for assault with a deadly weapon. The third and final type of protective order is called a final protective order. These orders are effective for the time period specified in the order itself-which is typically up to two years. There are a few different circumstances, however, that will allow a final order to be effective for more than two years. The abuser may petition the court to ask for the discontinuation of the order after it has been in effect for one year. Victims of domestic violence may feel that they have no place to turn, but there is hope for safety. If you or someone you know is a victim of domestic abuse, do not go through it alone. Contact a dedicated Texas family law attorney to assist you in obtaining a protective order.

texas order of protection attorneySadly, although the winter season might be associated with New Year joy, for victims of domestic violence, the winter can be the most difficult part of the year. Domestic violence shelters report that they see more clients during the winter.

The long winter months, especially when combined with increased financial pressures or the loss of a job, can add extra stress to a situation where domestic violence is already an issue. If you are a victim of domestic violence, you may be able to use a protective order as part of your overall safety plan. To learn more about your options, you should consult with a family law attorney.

You can get a protective order in Texas if you are a victim of family violence, dating violence, stalking, or sexual assault. The applicant for an order has to go to court to demonstrate that family violence has occurred and that more family violence is likely to occur in the future. This can be a scary prospect for a current victim of violence, which is why having a knowledge attorney at your disposal can make the process easier.

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ReflectionDeciding to file for divorce can be arduous and stressful.  Occasionally that is because the filer is not aware of how the process works.  First, when the decision is made to initiate a divorce, there are certain requirements that need to be met.  For example, there are residency requirements in Texas.  Either spouse must live in the state for at least six months before filing.  Also, either spouse must have lived in the county where the suit is filed for the past 90 days.

After meeting with an attorney and discussing the divorce, that attorney will file an Original Petition for Divorce with the District Clerk of your county.  The spouse who initiates the divorce proceedings is called the petitioner and the other spouse is called the respondent.  The petition will list the grounds for divorce, children from the marriage, any protective orders existing against either spouse as well as a list of separate property not to be considered in the division of marital property.

The petition initiates the divorce proceedings in court, but does not notify the other spouse.  That is accomplished by a citation that is issued at the time the petition is filed.  A citation includes the case number, information about the court, addresses and names of the petitioner and respondent and the date when the citation was issued.   It also sets a deadline for the respondent to answer the lawsuit without a judgment being made by the court.

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Illinois Divorce AttorneyThe first holidays following a divorce can be a very difficult time for everyone. Families are forced to deal with visitation schedules, vacation, gift-giving and other issues that they have never had to deal with before. If this is your first holiday season following a divorce, there are several things you should consider doing to make your holidays flow more smoothly.

Create a Holiday Schedule

If you did not create a holiday schedule in your divorce settlement or custody agreement, make one ahead of time. Discuss plans with your ex-spouse calmly and reasonably, and be willing to give a bit. Remember, it should be about making your children happy, and try to resolve things as easily as possible.

Once you've worked out the holiday visitation schedule with your co-parent, create an easily readable version and post it for your children to see. This will help them be prepared for anything out of the ordinary.

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Posted on in Divorce

In the midst of all the tumultuous emotions connected to divorce, there's also the anxiety about breaking the news of your divorce to family, friends, and members of the community who might need to know. At a bare minimum, without know how to broach this situation, you might find yourself in some awkward situations. Knowing how to prepare yourself for this process can help to reduce those nerves and ensure the highest possibility for success.

LauraAuthor Constance Ahrons has identified several stages within the divorce process. The three stages at the outset of a divorce can be the most difficult to cope with, as there is a tremendous amount of change to manage. These three stages are the decision to divorce, the announcement of the divorce, and the actual separation itself.

When it comes time to tell family and friends about your decision, be prepared for the difficulty of this challenge. Unless your spouse was abusive or unusually cruel, there will be family members and friends who might be surprised by your decision and some may even want to argue over your choice. If you are able to, the best scenario is to sit down with your spouse and your family members to break the news together. You can work through what to say and come to an agreement on the presentation.

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The cost of divorce doesn't always just refer to the price tag for an attorney's services. Especially for marriages in which one spouse was the primary earner, the process of sorting out the financials is difficult and sometimes complicated. Oftentimes women get stuck with a financial burden that's too much to bear. Knowing what to do before a divorce is essential for either spouse, but it's especially important that the non-primary earner take steps before a divorce to maintain financial solvency after the split. According to WIFE.org, "divorce is the largest single financial transaction of most people's lives." Important first steps include canceling all joint accounts and opening private accounts that your spouse doesn't have access to. In the same vein, before you separate (especially if the divorce is your idea, it's not necessarily slated to be amicable, and you're not the primary earner) WIFE.org suggests to "use joint funds to repair your automobile and home, buy clothes for yourself and your children, and other family expenses." Starting off the split with joint expenses paid will save arguments down the line as to who should be responsible for paying them.  Maintaining Financial Solvency Through Divorce IMAGE

Having said that, if you didn't prepare financially for divorce before the process was in full swing, it doesn't mean it's too late. According to CNN Money Magazine, the three most important "fixes" to financial insolvency after divorce are to "follow the money, reschedule retirement, and keep renting." To follow the money is to carefully (obsessively, even) track what you're spending and how you're spending it. Adjusting to a single income after becoming accustomed to two isn't necessarily an easy process. You can do "a thorough analysis of cash flow using a program like Quicken," according to CNN.

Retirement plans will likely have to be flexible upon divorce—that may mean working another five years, or planning to put away more into a 401k or other retirement plan each year. Another life plan that may have to be reconsidered is home ownership. For many divorced or divorcing couples it's smarter to keep renting and put the money you may have used on a down payment away for emergencies.

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Posted on in Divorce

There are several reasons to get divorced. There are money issues, varying degrees of interest in starting a family, arguments about lifestyles and social events, and differences regarding where to live and what expectations are of a spouse. And yet there's one disagreement in which it's more difficult to find compromise than the rest—regarding each other's sexual preferences. According to Psychology Today, if "two people in a monogamous relationship are not in agreement on sexual matters—when to have it, where to have it, or how to have it—there is rarely a satisfactory compromise," unlike other arguments that can often be resolved with a little give and take on both sides. Mismatched Sex Lives Lead to Divorce IMAGE

Isadora Alman, writing for Psychology Today, says that at least to her, the obvious solution would seem to be to advise the members of the disagreeing couple to seek sexual satisfaction elsewhere, rather than trying to change something so deeply engrained. However, simple as this solution may seem on paper, "sadly, this is not a solution that works for many, if any," she says. While "a preference for a certain amount of sex at certain times and in particular ways can be modified by an act of will—sometimes," according to Alman, sometimes people in disparate relationships such as this need to seek what they crave elsewhere—even if they decide to remain monogamous. A need to be touched, for example, can be soothed by children, an affectionate pet, or massages. "One's partner does not have to satisfy all the person's emotional needs nor does sex have to carry the total burden of their expression," according to Alman.

And yet there may be some recourse for couples with mismatched sexual libidos and lifestyles, according to Alternet.org. One thing to try is to rethink the "circumstances in which you have sex," according to Alternet. "Look at the times and the circumstances when you've been having sex… and then look at the times and circumstances when you want to have sex. Then try to tailor your sex life around the times and situations when you're feeling frisky."

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