What Can A Protective Order Do?
To obtain a protective order after a situation involving family violence, the victim must show both the family violence that has occurred and demonstrate that future violence is likely. Family violence can occur with any member of the household or an intimate partner, including a spouse, partner or child.
The attorneys at Angela Faye Brown & Associates in Houston and Austin understand how stressful and emotional situations involving domestic abuse are. Whether you seek a protective order leading up to a divorce or years after a separation or custody dispute, we can provide the guidance you need. We prioritize the safety of you and your children.
The Three Types Of Protective Orders In Texas
In Texas, there are three types of protective orders to consider:
- Temporary ex parte protective order. This order provides more immediate protection from the alleged abuser and can be issued without their presence in court. These orders are brief, lasting typically up to 20 days with the possibility of extending for further 20-day periods.
- Final protective order. A final or permanent protective order may be granted after both parties appear in front of the judge and typically last for up to two years. However, depending on the gravity of the situation, a judge can issue an order for an extended period of time.
- Magistrate’s order for emergency protection. This type of order differs in that it is issued only after the abuser has been arrested for family violence, sexual offenses, stalking or trafficking. The duration of this order depends on the situation, but typically lasts between 31 and 91 days.
Keep in mind, none of these are the equivalent of a restraining order. Protective orders protect victims of family violence, while restraining orders are more commonly created to limit contact between individuals going through a divorce or another civil proceeding.
How To Seek A Protective Order
To begin the process to obtain a protective order, our attorneys can assist you with applying for an order in either your county of residence or the alleged abuser’s county of residence. Once you complete your application and submit to the court, the judge will either issue a temporary ex parte order or set a date for a hearing. If the latter occurs, you must attend the hearing, where the judge may issue a final protective order after reviewing evidence of violence.
Facing A Protective Order
If a partner or family member has applied for a protective order against you, it is important to attend the scheduled hearing. At this hearing, you will be given the opportunity to argue against the issuance of the order. If the judge ultimately issues the order, it is critical to abide by the terms specified. Violating the protective order for any reason can result in steep consequences, including jail time.
Don’t Wait To Get An Experienced Attorney On Your Side
Whether you seek or face a protective order, working with an attorney from the start can help you navigate this process during a difficult time. Contact the attorneys at Angela Faye Brown & Associates in Houston by calling 281-975-0307 or sending us an email.