You may strongly desire to obtain a protective order against your spouse. However, the chances of getting the order without reliable proof of abuse are slim. In Texas, you must show evidence to corroborate your assertion. To evaluate claims for protective orders, judges will take both the legitimacy of the request and underlying fears into account, as well as reliable evidence that backs up those fears.
This article will explore the types of proof the courts require and tips on obtaining such evidence.
The Importance of Evidence in Protective Order Cases
Proof is important in protective order cases because the legal system desires to safeguard the accused while at the same time protecting the defendant from being wrongly accused. After all, a protective order will result in significant consequences for the accused party. They may be forced to move out of a shared home, lose access to their children, or face other restrictions. For these reasons and more, the court requires evidence to avoid issuing protective orders based on unsupported allegations.
What Proof Will You Need?
Texas courts consider various types of evidence when determining whether to issue a protective order. While physical abuse may seem like the most prominent type of proof, it’s not the only one.
Physical Evidence of Abuse
Physical evidence such as bruises, cuts, or other injuries are the easiest to prove. In addition to the physical evidence, you can also provide medical charts, photos, and police reports.
Past Incidents of Abuse
Even if there hasn’t been a recent incident of abuse, a history of violence or threats can still support your case. Courts often look at behavior patterns over time rather than at a single event. To prove past abuse, you can present past protective orders, testimony from prior abuse incidents, court records, and police reports.
Psychological and Emotional Abuse
Texas courts recognize emotional and psychological abuse as valid grounds for a protective order. This includes repeated threats, manipulation, gaslighting, and other controlling behaviors. To prove psychological abuse, you can gather:
- Text Messages/Emails
- Journals/Personal Records
- Witness Testimony
- Voicemails/Recordings
- Mental Health Records
Are you feeling threatened by your spouse? Don’t wait. Act now. Whether it’s medical records, police reports, or witness statements, the more proof you gather, the more substantial your case will be. Are you not sure what constitutes strong evidence? Or are you feeling unsure about how to move forward? It’s a good idea to contact a competent family law attorney. They can help you determine what’s needed and guide you through the process to ensure you get the protection you deserve.
Please Call Christman | Daniell Attorneys for Your Legal Needs Today!
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Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your own personal circumstances.
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