Q: I am a victim of domestic violence should I get a protective order or wait until the alleged father take me to court?
I was able to escape and have been staying low key. He’s not on birth certificate. I’m so overwhelmed. He has cause me so much stress. Had to have my baby early. He’s a stalker, harasses me and is violent. I have made several police reports. There is a pending case now.
A: If the father is directed family violence toward you in the past, and if you think that family violence is likely to occur in thee future, you should definitely get a protective order. You would be entitled to one under Texas law if those two criteria are met.
Kiele Linroth Pace agrees with this answer
A:
When applying for a protective order you can request that your current address not be listed on the paperwork so the stalker can't use the documents to find your new home. A protective order can also include a child custody order.
You'll need to discuss the custody issue with an attorney who practices Family Law. My focus is domestic violence in a criminal law context but it is my understanding that if the father files a custody lawsuit it can contain temporary orders giving HIM custody and if he does that you'll have an uphill struggle to regain access to your child. HOWEVER, if you get your own Family Violence Protective Order with a custody order before he can file his lawsuit it is my understanding that your chances to retain custody are much better. Again, this is not my area of expertise so I could be 100% wrong about this and you really really need to talk to a Family Law attorney.
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