My Spouse Has Threatened Me with Violence if We Divorce – What Do I Do?

My spouse has threatened me with violence

Under Texas law, a spouse may report any instance of family violence to the proper police authority. Sometimes, police don’t have enough to arrest a person because the threat is vague or there is no evidence.

A temporary restraining order or protective order may be necessary depending on the extent and severity of the threat. 

Oftentimes, emotions run wild and people say things they normally wouldn’t act on. However, each instance must be considered on a case-by-case basis. 

A qualified attorney may include a temporary restraining order or protective order in a divorce to protect the family and secure a safe premises for the children, and to ensure that nothing is lost or wasted during the pendency of the divorce.

For help with this or other matters, call The Barrera Law Firm at (956) 428-2822 for a free consultation or complete our online form.


illustration of Restraining Orders title on Legal DocumentsDomestic violence is a serious matter. It is not forgivable. It is not something that gets better with time. It is something that must be addressed so the violent person can be handled or removed from the family unit.

While Paul Simon’s song, 50 Ways to Leave Your Lover, may be about less serious matters, domestic violence is much more serious.

In Texas, Protective Orders are a key tool to accomplishing immediate relief from a violent family member or domestic partner.  The law looks to two major factors:

1) Whether Family Violence occurred; and

2) Whether Family Violence is likely to occur in the future.

A private Texas attorney may draft the application, assist in the preparation of the evidence and affidavits, and the presentation of evidence to get a Protective Order from a judge.

The reasons why Protective Orders are VERY IMPORTANT is that it restricts a person from coming within so many feet, coming to a residence, calling, texting or showing up to work places or schools. This is important because police often have to wait until a crime has been committed before arresting a person, but with a protective order, they may be arrested for simply violating the order itself, for example, driving past your house.

There are 50 ways to leave your lover if they commit Domestic Violence and The Barrera Law Firm, PC can help you.  But first and always, seek emergency police assistance in the event you are in danger and call the law firm after that.

Temporary Restraining Orders in Divorce and Custody Cases

In the Texas Family Code, Temporary Restraining Orders may be issued by the court to protect the parties, to protect the children, to protect the property, and to provide for child support and fees to one or both parties for support of the children and property. These orders are signed based on limited information provided to the court when they are petitioned for. They become effective on the party once they are served upon that party. They only remain active for 14 days unless extended, unless the parties agree to an arrangement, or unless the judge makes temporary orders after an evidentiary hearing.

It is important that once you are served with a Temporary Restraining Order, you read it completely. Violation of such an order can result in negative consequences and can even ruin a case. There should always be a hearing date somewhere on the Temporary Restraining Order or attached to it. If you are served and you do not show for the hearing, the court may proceed without you and orders will be issued that may result in negative consequences for you.

The evidentiary hearing provides an attorney with little time to prepare and discover evidence against the other party. A court will usually try to do its best to keep in place whatever arrangements have been there for children, they will do their best to preserve the property and evidence, and they will ultimately do their best to protect the children and provide for their temporary support.

If you have been served with or need a temporary restraining order in a divorce or child custody dispute, call Attorney Ricardo A. Barrera with The Barrera Law Firm, PC at (956) 428-2822.


Temporary Restraining Orders and Divorces

Restraining OrderUnder Texas law, a temporary restraining order lasts 14 days until a hearing can be conducted in which a judge will weigh evidence to determine whether the entire order, part of it, or none of it shall survive as temporary orders. Temporary Orders may involve issues of access, possession, and support of the child. The initial order by the judge is issued because there is a sworn affidavit attached with allegations that immediate and irreparable injury, loss, or damage will result, affecting the best interest of the children and/or community property, before notice can be served and a hearing can be held.

Some examples of what a temporary restraining order can accomplish involves preventing one parent from removing the children, preventing community property from being wasted or hidden, and preventing the denial of access to property.

If you have been served with a Temporary Restraining Order, it is important that you retain a skilled attorney who will represent your side of the story. A skilled attorney will organize witnesses and bring evidence to disprove any inaccurate statements made against you, which were the basis of the temporary restraining order.