protective order Archives - Richard T. Sutherland

Divorce, Modifications and Enforcement Cases in 2019

Nick Augustine January 10, 2019February 8, 2019 Child Custody, Child Support, Divorce, Enforcement, Modifications

Why People File Divorce, Modifications and Enforcement Cases after the New Year

Families look forward to the holidays and couples in challenging marriages and co-parenting situations hope for the best. While being optimistic that the holidays will bring out the best in people, too often they are reminded why they are having conflict in their marriage or with the other parent of their children.

Because Thanksgiving, Christmas and New Years are so important to children, many parents who know their marriage is on rocky ground, chose to put conflict aside. Many people who were thinking about a divorce, child custody modification or case for the enforcement of court orders are ready to move forward after the holidays and when the kids are back in school.

Divorce Modifications and Enforcements — For Divorce, Modifications and Enforcement Cases, Call Attorney Richard T. Sutherland in Wichita Falls, Texas at (940) 691-2100.

Family Violence and Protective Orders

Family violence, drug and alcohol abuse, child abuse and spousal abuse are serious matters. People who don’t leave dangerous marriages and relationships put themselves and their children at increased risk.

The first move when getting out of harm can be a protective order. Your divorce lawyer can help you obtain a protective order on an emergency basis when warranted. If the other party, the respondent, violates the terms of the protective order, they can be arrested and jailed. Protective orders are serious business and should only be used when necessary to protect family members from the threat of or continued harm.

What to Look for When Searching for a Divorce and Family Lawyer

When divorce is inevitable, and the marriage is broken, it is important to be well-prepared. It is important to hire a divorce lawyer focused on divorce and family law issues, an experienced trial attorney with the experience and strategy to produce results.

Whether the matter is a new divorce, modification or enforcement suit, an experienced family law attorney will create a unique strategy in the best interests of the family and children involved. Richard T. Sutherland is a seasoned Wichita Falls divorce lawyer with a career of leadership among divorce and family lawyers in Texas.

Our website offers a growing library of blog articles and podcasts. Listen to attorney Richard T. Sutherland and learn the elements of a variety of divorce, custody and family law topics in Texas.

First Steps When Filing for Divorce in Wichita Falls

There are resources online including the content on this website to help people learn about divorce and what to expect. When someone knows they are ready to start the process and file, they must be ready to move forward. Hiring a divorce lawyer they can trust is important.

Divorce attorneys like Richard T. Sutherland appreciate that divorces can be difficult and emotional. They are accustomed to seeing good people going through rough situations.

It is important to be organized and give your divorce lawyer the information they need to create the best negotiation and litigation strategy to help you and your family.

Being Prepared for Custody Modification Cases

Custody modifications are original suits filed to change the terms and conditions of a court’s temporary or final orders regarding conservatorship and possession or access to a child. When modifications are filed within one year of the last order regarding conservatorship or possession or access, there are several factors that can be alleged to demonstrate that it is in the best interests of a child to make a modification to the custody orders.

In cases including family violence and child abuse, the court may presume a material and substantial change in circumstances required to modify the rights and duties of persons or parents having conservatorship and possession or access to the child. For example, an order naming both parents as joint conservators can change to one parent being the sole conservator. The terms and conditions of possession and access can also be restructured.

Exclusive rights to determine the residence of the child may also be modified based on grounds and factors for modifications including the above, as well as economic situations, such as a new job requiring a parent to relocate.

Enforcing Possession or Child Support Orders

As children grow older their needs change. As parents pursue new relationships, dynamics change. Sometimes what worked well for years becomes a conflict. When possession schedules become a problem and conflict increases it can become necessary to file an enforcement suit, seeking the court’s intervention in high conflict situations. The court can find people in contempt. They court can also order additional periods of possession or access to make up for an interference with possession or access.

Failure to pay child support also leads to enforcement cases. When a child support obligor changes jobs, loses a job or has a change in employment generally, child support payments can be interrupted. Issues with child support payments and arrearages can be resolved out of court, or a new enforcement case can be filed with the court and served on the non-compliant child support obligor.

Richard T. Sutherland is a Wichita Falls Divorce and Family Lawyer for Divorce, Modifications and Enforcement Cases

In the new year and after the dust has settled, or at any time of year, things can change for people and their families and a divorce, modification or enforcement case is necessary. Richard T. Sutherland is a well-experienced divorce and family lawyer in Wichita Falls, Texas and he has a career’s worth of experience negotiating and litigating cases requiring everything from out of court agreements to significant trials before a judge or jury. He is licensed to practice law in Texas, not Oklahoma.

For a consultation for divorce, custody modification or enforcement of possession or child support, contact us online or call the Law Office of Richard T. Sutherland in Wichita Falls, Texas at (940) 691-2100.

Richard T. Sutherland represents people and families in Wichita County, Archer County, Baylor County, Clay County, Foard County, Hardeman County, Jack County, Montague County, Wise County, Young County and Wilbarger Counties in North Texas and has accepted cases in other areas West, North-Central and in South Texas.

Wichita Falls Domestic Violence Lawyer: Recognizing and Stopping Abuse

Nick Augustine October 9, 2018February 8, 2019 Divorce

Defining Domestic Violence and Abuse

Domestic violence is behavior pattern through which the abuser keeps power and control over their partner in an intimate relationship, regardless of whether the individuals are married. Domestic violence affects people regardless of their race, religion, age, gender or sexual orientation. People right here in Wichita Falls, from all walks of life can be victims of domestic violence, regardless of financial status and access to a Wichita Falls domestic violence lawyer for help.

Physical abuse can include hurting another directly by pulling hair, hitting, biting, choking, slapping, kicking or using weapons to cause harm. Not all physical abuse leaves scars. There are plenty of abuse cases where victims are held captive, abandoned in strange places or are forced to participate in harmful situations including forced use of drugs or alcohol.

Call the National Domestic Violence Hotline Anytime 24/7: 1-800-799-SAFE / 1-800-799-7233

Common strategies abusers use to keep control over their victims:

Intimidation – that look, gesture, display of force, weapons and acts of destruction
Threats – making threats to leave, hurt, harm, or act to cause harm or embarrassment
Isolation – preventing the other from talking to or having access to friends and family
Economic Abuse –withholding money, preventing the other from making money
Emotional Abuse – put downs, name calling, guilting behavior, suggesting insanity
Undermining the Other Parent – using the children, harassing, threatening to take children
Using Children as Pawns – talking bad about the other, using leverage to earn favor
Strong Expectant Behavior – treating the other like a servant or subservient human

Why Do People Abuse Others?

To maintain power and control, domestic violence abusers hurt their intimate partners. Abusers are often internally insecure and lack feelings of self-worth and control in their lives. Some people say that abusers likely have been victims of abuse at some point in their lives. Some also say that abuse is learned through society and culture.

There is never an excuse to abuse another or commit acts of domestic violence towards your intimate partner. Regardless of the source of or reason people commit abuse, it is never acceptable.

Protective Orders and Domestic Violence

Protective Orders are available for victims of domestic violence when those victims decide to leave and get help. A protective order, based on a sworn statement and evidence by the applicant, can be ordered by the court to order the abuser to stay away from the victim, with a list of restrictions. Violating a protective order may earn the abuser a one-way trip to jail. In cases where the abuser and victim are married, a protective order is part of the initial proceedings in a divorce.

Be prepared when you seek a protective order because an already angry and agitated abuser can seek revenge including serious bodily harm and death. To be as prepared as possible, talk to your attorney, counselor, clergy member or any other who may be helping you plan to leave an abuser safely, with much attention paid to protecting you and your location and travels.

Richard T. Sutherland is a divorce and family law attorney in Wichita Falls, Texas, representing men and women with legal issues involving allegations of domestic abuse and family violence. If you are in immediate danger, call 911. If you need a Wichita Falls domestic violence lawyer, call the Law Office of Richard T. Sutherland in at (940) 691-2100.