As experienced divorce lawyers at MenduniMartindill, we often see the devastating impact of domestic violence on families. Many people don’t know that a protective order can provide a safeguard against abusers, but the rules can be confusing.
In this article, I’ll break down the essential steps and requirements for obtaining a protective order in Texas. By understanding these rules, you can take the necessary measures to protect yourself and your loved ones.
As stated in Texas Family Code, a protective order requires proof of family violence or threat. Victims must apply through the court, and orders can last up to two years. Violating the order can lead to arrest and fines.
What Is a Protective Order?
A protective order is a powerful legal tool designed to keep individuals safe by legally forbidding someone from contacting or approaching them.
A protective order is given by a court to help keep someone safe from things like domestic violence, harassment, or stalking. It sets rules for the person causing harm, telling them what they can and can’t do. If they break these rules, they could face fines or go to jail.
The order might say the harmful person has to stay away from the victim’s home, work, and children. By and large, sometimes, the person causing harm might also need to go to counseling or anger management classes.
Protective orders are meant to give quick help and can be changed or extended by the court later. It’s very important to follow the rules of a protective order to keep everyone safe.
Types of Protective Orders in Texas
Texas courts can issue three main types of protective orders, including Magistrate’s Order of Emergency Protection, Temporary Ex Parte Protective Order, and Final Protective Order to safeguard individuals against threats and violence.
There are three main types of protective orders in Texas.
The first type is a temporary ex parte protective order. This is a short-term order that is given without the accused person (respondent) being there. Its purpose is to offer quick protection to someone who has been a victim of violence or harassment.
The second type is a final protective order. This order is given after a hearing where both the person asking for protection (petitioner) and the accused person can present their sides of the story. Fundamentally, a final protective order can offer long-term protection and may include rules like stopping the accused from contacting or getting close to the petitioner.
The third type of protective order is a Magistrate’s Order for Emergency Protection. It is similar to the temporary ex parte protective order but is issued by a magistrate in cases of immediate danger to the petitioner.
Who Can Apply for a Protective Order?
Victims of domestic violence or abuse can apply for a protective order.
This covers people who have gone through physical, emotional, sexual, or verbal abuse. The person asking for the protective order needs to show proof of the abuse, like police reports, medical records, or statements from witnesses. Sometimes, a protective order can also be requested for a child who has been abused.
Protective orders are meant to keep the victim safe and stop the abuser from contacting or getting close to them. The steps to get a protective order can be different depending on where you are, but usually, it involves filling out a form at the local courthouse and talking to a judge about why you need the protective order. It’s very important for abuse victims to use the legal system to get help and protection to stay safe.
Steps to Obtain a Protective Order
To obtain a protective order, one often begins by filing a petition with the court, a process that can provide immediate safety measures even before the court hearing.
This petition explains why the order is needed and gives details about the abuse or threats. The person asking for the order may need to provide proof, like police reports, medical records, or statements from witnesses.
After the petition is filed, a judge will look at the request and might set up a hearing to learn more about the claims. During the hearing, both sides will be able to share their stories and show more evidence. The judge will decide whether to issue the protective order based on what is presented.
If the protective order is granted, it will clearly state what must be done, like stopping contact between the people involved or requiring the abusive person to leave the home. The person who asked for the order should always keep a copy with them and give copies to the police if needed.
It’s important to follow the protective order precisely and ask for help if the abusive person breaks the rules. Breaking a protective order can lead to criminal charges and more legal trouble.
Getting a protective order involves filing a request with the court, showing proof of abuse or threats, attending a hearing, and following the order’s rules if it is granted.
What Happens If You Violate a Protective Order?
Violating a protective order can lead to serious legal consequences, including fines, imprisonment, and a permanent criminal record.
This means you shouldn’t try to get in touch with the person being protected, either in person, online, or through someone else. Don’t go to their home or work, and don’t post about them on social media. If you break these rules, you could get into trouble, like getting arrested, having to go to court, or even ending up in jail.
You might also have to pay fines or go to counseling. Plus, breaking these rules could mess up any other legal issues you have, like custody or divorce. It’s very important to follow the court’s orders to avoid these problems.
To Wrap it All Up
In Texas, the rules for obtaining a protective order involve meeting certain legal requirements, such as demonstrating a threat of harm or violence.
What MenduniMartindill is showing the advantages of is, the process typically includes filing a petition with the court, attending a hearing, and providing evidence to support the request for protection.
Overall, protective orders serve as a very important legal tool to safeguard individuals from potential harm and abuse.
References
- “A Practical Guide to Obtaining and Enforcing Protective Orders in Texas”, State Bar of Texas, Author: State Bar of Texas
- “Texas Family Code Annotated”, Thomson Reuters, Author: Thomson Reuters Editorial Staff
- “Protective Orders: A Guide for Texas Victims of Domestic Violence, Abuse, Stalking & Harassment”, Texas Young Lawyers Association, Author: Texas Young Lawyers Association
