Your Safety Comes Before the Divorce
Family violence cases are unlike any other area of family law because the first priority is not dividing property or creating a parenting schedule—it is protecting human life. If you are experiencing abuse, the legal issues can be addressed after you are safe. Your physical safety and the safety of your children should always come first.

At Fergus & Tomanka, we recognize that leaving an abusive relationship is often the most dangerous point in the relationship. Every situation is different, and there is no single solution that works for every family. Our role is to help you understand the legal protections available while developing a strategy that prioritizes your safety.

What Is Family Violence?
Texas law defines family violence broadly. It includes acts intended to cause physical harm, bodily injury, assault, or sexual assault against a member of the family or household. It also includes threats that reasonably place another person in fear of imminent physical harm. While arguments and disagreements occur in many relationships, violence, intimidation, coercion, and credible threats of physical harm are treated very differently under Texas law.

Evidence of family violence frequently affects not only criminal proceedings, but also divorce, child custody, visitation, and protective order cases.

If You Are in Immediate Danger, Call 911
If you believe you or your children are in immediate danger, call 911 immediately.

No divorce case, custody dispute, or property issue is more important than protecting yourself from physical harm. Law enforcement officers are trained to respond to domestic violence emergencies and can remove immediate threats, investigate criminal conduct, document injuries, and assist victims in obtaining emergency protection.

Whenever it can be done safely, leaving the residence is generally the safest course of action. Remaining in the home with an abusive partner often creates additional opportunities for violence, particularly after law enforcement has been called or after the abusive partner learns that legal action is being considered.

Although every situation is unique, leaving the residence and contacting law enforcement are often the safest immediate steps a victim can take.

We Can Help You Develop a Safety Plan
Leaving an abusive relationship is rarely as simple as walking out the door. Victims often worry about where they will live, how they will support themselves, what will happen to their children, and whether the abusive partner will retaliate.

At Fergus & Tomanka, we work with clients to develop individualized safety plans before legal proceedings begin whenever possible. Depending upon your circumstances, that planning may include identifying a safe place to stay, gathering important financial and identification documents, preserving evidence of abuse, coordinating with trusted family members, arranging for the children’s safety, and determining the safest time to seek court intervention.

A carefully planned departure is often significantly safer than attempting to leave without preparation.

Family Violence Can Significantly Affect Child Custody
Family violence is one of the most important factors a Texas court considers when determining conservatorship and possession of children.

The Texas Family Code recognizes that children should not be placed in environments where family violence has occurred. Under Section 153.004, a finding that a parent has a history or pattern of family violence may prevent the court from appointing the parents as Joint Managing Conservators. Instead, the court may appoint the non-offending parent as the child’s Sole Managing Conservator if doing so is in the child’s best interest.

Likewise, a conviction or deferred adjudication for an offense involving family violence may substantially affect a parent’s custody rights. The court may order supervised visitation, impose restrictions on possession, or enter other orders necessary to protect the child.

Every custody case is decided on its own facts, but allegations of family violence are taken very seriously because the court’s primary concern is protecting the child’s physical safety and emotional well-being.

Protective Orders Can Remove an Abusive Person From the Home
One of the strongest legal protections available under Texas law is a Protective Order.

Depending upon the evidence presented and the statutory requirements, a court may order the abusive individual to stop committing acts of family violence, prohibit future threats or harassment, and prevent the individual from contacting or approaching the protected person.

Importantly, a Protective Order may also require the abusive person to vacate the residence, even when that person owns or leases the home. This type of relief is commonly referred to as a “kick-out order” and is available only when the requirements of the Texas Family Code have been satisfied.

A Protective Order may also prohibit the respondent from going to the victim’s home, workplace, school, the children’s school or daycare, or other locations specifically identified by the court where the protected person is known to be. Violating a Protective Order may result in criminal prosecution in addition to other legal consequences.

A Temporary Restraining Order Is Different From a Protective Order
Many people mistakenly believe that a Temporary Restraining Order provides the same protection as a Protective Order. It does not.

A Temporary Restraining Order, often referred to as a TRO, is commonly entered in a pending divorce or child custody case to preserve the status quo until a temporary orders hearing can be held. A TRO may prohibit harassment, threats, destruction of property, or other specified conduct. Depending upon the language of the order, it may also prohibit one party from coming within a specified distance of the other.

However, a standard Temporary Restraining Order does not remove a spouse from the marital residence. If the goal is to require an abusive person to leave the home, a Protective Order—not a standard TRO—is generally the legal remedy that provides that authority.

Understanding the distinction between these two orders is critical because they serve different legal purposes and provide different types of protection.

Evidence Can Be Critical
Protective orders and custody decisions are based upon evidence presented to the court.

When it can be done safely, preserving evidence may strengthen your case. Photographs of injuries, damaged property, threatening text messages, emails, medical records, witness statements, police reports, and other lawfully obtained evidence may all become important during court proceedings.

If law enforcement responds to an incident, obtaining the report number and preserving any related documentation can also be valuable later in the case.

Fergus & Tomanka Can Help Protect Your Family
Family violence cases require immediate action, careful planning, and a thorough understanding of Texas family law. Whether you need a Protective Order, are preparing to file for divorce, or are seeking emergency custody orders to protect your children, our office can help you understand your legal options and develop a strategy focused on your safety.

At Fergus & Tomanka, we regularly represent victims of family violence throughout Central Texas. We help clients obtain Protective Orders, pursue emergency relief, develop safety plans, and seek custody orders that protect both parents and children from continued abuse.

If you are experiencing family violence, do not wait until the situation becomes more dangerous. Call 911 if you are in immediate danger.