Researchers who study domestic violence in Texas estimate that nearly a million women are battered in Texas every year. Battered woman syndrome (BWS), defined as as type of post-traumatic stress disorder, can make a woman feel fearful and afraid to leave an abuser, even as the violence escalates and becomes dangerous to the victim and her children. A woman does not have to be severely beaten by a man to suffer from BWS; threats, coercion, and intimidation can be sufficient in making a victim feel psychologically and physically trapped in a bad relationship.

Because Texas recognizes the seriousness of domestic violence and the difficulty in leaving abusive relationships, victims of domestic violence can get protective orders or restraining orders to make it easier to leave without fearing vengeance from their abuser. Although the terms “restraining order” and “protective order” are often used interchangeably, they are not the same and the right one for you will depend on your situation. A Llano family law attorney can help you assess your living situation and apply for a protective or restraining order if necessary. 

Protective Orders in Texas

When a victim presents clear evidence of present danger of violence, a Texas court can grant a protective order. Protective orders can require an abuser to stop the following:

The final decision of whether or not to get a Texas divorce is often one of the hardest choices a person can make. There may be good reasons to stay and good reasons to go; you may worry about your kids or whether you can financially support yourself without your spouse. Whether or not you ultimately decide to get divorced, one thing is certain: knowing your options is always a good idea. If you are considering divorce in Texas but are not ready to take the plunge, here are some questions to ask yourself before you make the final decision. 

Can I File for Legal Separation? 

Some states have the option to separate your assets and establish a parenting plan without actually finalizing a divorce. Unfortunately, in Texas, there is no such option available. Instead, you may want to consider one of the following: 

• Moving out temporarily 

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To avoid repeated court visits, harassment by ex-spouses, and disruptions to the life of children of divorced parents, Texas courts set strict limitations around when divorce orders can be modified. Certain parts of divorce decrees are easier to modify while others are, practically speaking, next to impossible to change. If you have been divorced in Texas and are wondering whether your divorce order may be modified, read on and then contact a Llano County divorce attorney for help. 

Mistakes in Application of Law

If you believe the judge in your case made a mistake applying the law - for example, if an asset was considered your spouse’s personal property and you are sure it is marital property - you have 30 days to file an appeal. Even if you simply disagree with the judge’s findings in your original divorce decree, you do have the right to an appeal. A higher court will review your case and determine whether the judge in your case made any mistakes, although such a finding is rare. 

Agreement Between Ex-Spouses

If you and your former spouse have agreed to change certain things after the divorce is finalized, such as rearranging your custody schedule or changing spousal maintenance payments, a judge will usually approve it if it meets Texas law guidelines. For example, a parent’s job may change and so a change in the parents’ possession and access order is likely to be approved as long as it is in the child’s best interests. 

Many a Texas divorce has been triggered by the sudden, shocking revelation that one spouse is having an affair. For the spouse who is victimized by this behavior, finding out that your life partner has been so dishonest can be heartbreaking. If you are in this situation, you may understandably feel angry and betrayed. Your anger may be directed at your spouse, but it may also be equally directed at the person who helped your spouse blow up your marriage. In addition to your spouse’s lover, this could be friends, family members, and even a therapist of your spouse’s who encouraged a divorce or worked to hide the infidelity from you. 

Not so long ago, adultery was illegal in many states and spouses whose partners cheated on them could, at least theoretically, hope that their partner would suffer consequences for their behavior. But adultery is not illegal in Texas and Texas also has legislation specifically abolishing the right to bring an “alienation of affection” lawsuit, in which someone responsible for destroying a couple’s marriage could be sued. So if you cannot do that, is there anything you can do to pursue justice against a spouse who ruined your marriage? 

What is Intentional Infliction of Emotional Distress? 

The Texas Supreme Court decided a highly influential case in 1993 that made it possible for spouses to sue each other for the tort of intentional infliction of emotional distress. The court gave specific guidelines that a spouse must meet to be successful in such a lawsuit. Unfortunately, most common acts of infidelity do not meet the necessary standards of conduct, as a spouse must show that their partner did the following: 

Divorcing a hostile spouse in Texas is no easy feat. While most couples are not getting along well by the time they pursue divorce, some people are particularly prone to conflict and actively seek it out. Spouses often get caught up in the emotional highs and lows of the fights they share during divorce, and while getting that perfect one-liner under your spouse’s skin may feel good in the moment, it often leaves you feeling rotten for many days afterward. If you want to put a stop to the hostilities in your communication, the BIFF communication method may be helpful to you. 

What is the BIFF Method? 

BIFF stands for “brief, informative, friendly, and firm.” It is a communication strategy designed by relationship conflict experts who want to help divorcing spouses - and anyone else in a high-conflict environment - minimize angry conversations and turn tense talks into reasonable, effective discussions. The BIFF method uses these four strategies: 

• Brief - The less you say, the less there is to fight about. While it can be tempting to explain yourself in-depth, especially when you feel the need to justify your actions or thoughts, avoiding conflict is easier when there is less content to react to. Just get your most important point across and leave the rest unsaid. 

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