Can you get a restraining order and terminate a lease if you are in an abusive relationship?
Relationships are rarely ever smooth from beginning to end. A couple may go through rough patches and have some friction with each other at some point in any lasting relationship. However, it’s imperative to draw the line between conflict and violence. As we all know, violence is never the answer, and abuse within the home is dangerous and toxic and can lead to many problems. In cases where domestic violence occurs, it’s vital to create distance and seek legal counsel to help you address the issue before it gets any further out of hand.
It’s vital to know your options when you’re in a relationship that involves domestic violence. A Temporary Restraining Order (TRO) is a key option that has many uses in these circumstances. Not very much unlike a typical restraining order, a TRO will protect you from the violent person in the home in the short period before the hearing for the restraining order. To acquire a TRO, you need to file a statement under oath explaining why you believe you need it. Depending on how the case is presented, a TRO can keep a parent away from the children, or spouses away from each other until the hearing for the restraining order at a later date. However, a TRO will not prevent someone from entering a property they own, and cannot require a parent pay for child support in the time before the hearing. A TRO is merely an avenue for protection in the downtime between when a restraining order is filed and when it will be heard in court.
According to this family attorney in Houston, Texas, those sharing a lease with an abusive partner in the state of Texas, they can terminate a lease without a penalty from the landlord. This is designed specifically to protect those in abusive situations from being forced to remain in contact with their abuser. However, for someone in an abusive relationship to legally request this right or be guaranteed not to receive penalties, they must meet precise criteria which include:
- Both partners are registered tenants on the lease
- A temporary or permanent restraining order has been obtained
- Your landlord has been given sufficient warning in advance, usually 30 days
- You leave the apartment on the date agreed upon with the landlord
Some of these requirements are harder to meet than others, so it’s imperative you take action to meet these requirements as soon as possible if you find yourself in an abusive situation. With an attorney’s help, these requirements can be met more quickly and efficiently, with someone keeping an eye on the process every step of the way. Domestic violence is a very serious issue that demands timeliness and precision for the victims to remain safe and get out of their abusive relationship.