Ending The Violence
A protective order is an order that demands the abuser to stop harming or threatening you or members of your family. If you or your children are victims of domestic violence you can obtain a protective order against your abuser.
When family violence occurs, it is critical that you implement a safety plan. Part of that safety plan can be obtaining a protective order.
What is a Protective Order and what does it do?
A protective order is a civil court order protecting a victim from the perpetrator. Protective orders are used to try and prevent future acts of violence.
The protective order can order the abuser to (among other restrictions):
- not commit any violence again your and/or members of your family;
- not come withing a certain distance of you, where you live, where you work, or where you attend school;
- not communicate with you or follow you;
- not threatening, annoying, abusing or tormenting you;
- move out of the home (if you share a home together);
- not possess a firearm; and/or
- attend specific counseling.
Who can get a Protective Order?
Generally, an individual that’s been a victim of domestic violence, stalking or human trafficking can apply for a protective order in Texas. Typically, 1) An adult of the family or household, 2) An adult in a marriage or dating relationship or 3) An adult on behalf of a child can apply for a protective order.
What king of Protective Orders are available?
In Texas, there are different protective orders each with different requirements.
- An emergency protective order.
An emergency protective order generally lasts between 30 to 90 days. An emergency protective order can only be issued if the abuser has been arrested for an incident of domestic violence. Depending on the severity of the abuse typically determines the duration of the order. An emergency protective order is usually issued by a magistrate judge following the arrest of the abuser. Most times, survivors of abuse do not need to request an emergency protective order.
- A temporary ex parte order.
A victim can obtain a temporary ex parte order in family court when filing an application for a protective order. A temporary ex parte order is decided by the court using a sworn statement called an affidavit. An affidavit typically details the abuse experienced, and the danger presented if the abuser is given access to the victim. A temporary ex parte order is valid for up to 20 days. A temporary ex parte protective order can be extended an additional 20 days upon the request of the victim or the court’s decision.
- A permanent protective order.
A permeant protective order usually lasts up to 2 years, in some circumstances a permeant protective order can last for the lifetime of the applicant. A permanent protective order in Texas can be for acts of domestic violence, stalking or human trafficking.
The Denis Law Group has the experience necessary to help guide you through the process of protecting yourself and your family. Let us help you get the protection you need, and you deserve. Fill out our contact form today to schedule a consultation.
Important Resources and Information
Emergency Assistance (police or medical): Dial 9-1-1
National Domestic Violence Hotline: 800-799-7233 (SAFE) or TDD 800-878-3224
Texas Department of Human Services Abuse Hotline: 800-252-5400
Texas Advocacy Project – Family Violence Legal Line: 800-374-4673 (HOPE) or Online Application