PROTECTIVE ORDERS IN TEXAS FAMILY LAW CASES

Types of Protective Orders in Texas

In Texas, a protective order restricts another party from:

1. Directly or indirectly threatening or harassing the victim;
2. Approaching the school or daycare where the protected child is enrolled; and
3. Committing any further acts of violence against the protected person;

If the risk of family violence is especially high, a person can request an Ex Parte Protective Order which does not require a court hearing and goes into effect within twenty days.  The primary purpose of this order is to ensure the safety of any potential victims until the parties have time to present the issues to the Court.

Magistrates Order of Emergency Protection

Another type of protective order that exists in Texas is called a Magistrate’s Order of Emergency Protection.  This protective order is effective for between 31 and 61 days if the offender gets arrested for committing family violence.

Similar to an Ex Parte Protective Order, a Magistrates Order of Emergency Protection seeks to protect potential victims until a Final Order in a case can be rendered.

Protective Order vs. Restraining Order

In family law cases, restraining orders are common and are more prevalent than protective orders.  A restraining order manages the conduct of the parties in a divorce or custody proceeding by prohibiting them from doing certain things.

Who Else Can Issue a Protective Order do in Texas

Protective Orders can deal with the following in addition to barring contact between parties such as:

1. Forbidding the transfer of property;
2. Awarding spousal or child support for up to one year;
3. Requiring one party to leave the residence;
4. Requiring one party to attend counseling; and
5. Determining child visitation rights and possessory rights.

If a party violates a protective order, it can give rise to criminal charges for violation of a protective order.

How to Apply for Protective Order

If you believe that you or someone you know needs a protective order because you have been the victim of domestic violence, time is of the essence so you will want to apply for a protective order as soon as possible.

In order to protect yourself against additional incidents of family violence, you should begin immediately and file an application for a protective order in the county where you reside.  You do not even have to file yourself. The following persons can file on your behalf:

1. A prosecuting attorney;
2. The Department of Human and Regulatory Services;
3. An adult household or family member; and
4. An adult seeking to protect a child;

A person applying for a protective order must be prepared to sufficiently show:

1. The offender’s full name, address and county where they reside;
2. The victims name and county where they reside;
3. A request for a protective order; and
4. The relationship between the parties.

If you have been a victim of family violence, threats or the like, do not hesitate to contact a family law lawyer in Arlington, TX to schedule a free consultation to discuss the possibility of applying for a protective order.

Thanks to Brandy Austin Law Firm, PLLC for their insight into family law and Texas protective orders.

Call 434-817-3100 or complete a Case Evaluation form