What Kind of Protective Orders Are Available to Victims of Domestic Violence in Texas?

 Posted on March 07,2022 in Family Law

Domestic violence is a serious matter and victims are offered protection under Texas law. While it can be difficult to take a stand against your abuser, Texas offers several protective orders that are intended to keep an abuser away from a victim, his or her children, or other family members.

Restraining orders are often mixed up with protective orders, and it is important to note that restraining orders only require one party not to contact the other. Protective orders, on the other hand, are more comprehensive and can require an abuser to stop engaging in abuse, threats, or stalking. Here is an overview of the protective orders available to Texans. If you or someone you love is suffering from domestic violence, consider getting the help of a Texas family law attorney right away. 

Order of Emergency Protection

Given in the most serious situations, a magistrate in a criminal court can approve an order of emergency protection when a victim of domestic violence, an arresting officer, a guardian, or a prosecutor requests it. Orders of emergency protection are issued after an alleged abuser commits sexual assault or other sexual abuse, human trafficking, indecent exposure, or stalking and has been arrested. 

Temporary Ex Parte Protective Order

When an abuser presents an immediate threat to a victim, a court can issue a temporary ex parte to keep the abuser away from the victim until a full hearing can be held. Victims must apply for temporary ex parte protective orders and must show that there is a clear threat of potential violence towards the victims or their family or household members. The abuser does not have to be present, and the judge will make a decision based on the information supplied by a victim. Temporary ex parte orders last up to 20 days and can be extended if necessary to allow time for a full hearing. 

Permanent Protective Order 

If the threat of violence towards the victim does not abate after the initial 20 days, or the court believes the abuser is likely to repeat the dangerous behavior when he or she is no longer being observed, a final protective order lasting up to two years or longer may be issued. During a permanent protective order hearing, the alleged abuser can present evidence and dispute claims of abuse. 

Meet with a Compassionate Denton Domestic Violence Protective Order Attorney

The situations in which someone needs a protective order can be scary and overwhelming. At The Law Office of Linda Risinger, our experienced Denton, TX domestic violence protective order lawyers offer the privacy and confidence you need to keep yourself and your children safe. Call us today to schedule a free, confidential consultation at 972-294-6533 and take the first step in moving towards a better future. 

Source: 

https://www.txcourts.gov/media/1449964/protectiveorderkit-english.pdf