If you are seeking safety from abuse, harassment, or violence, it’s essential to understand the process of obtaining a protective order in Texas. By restricting an abuser’s actions with legal consequences, a protective order can provide protection and peace of mind if you are in a dangerous situation.
Navigating the process of obtaining a protective order may seem daunting, but having clear information can ease the way. This guide answers some common questions about protective orders in Texas that you may have.
What Is a Protective Order?
A protective order is a legal tool designed to protect victims from abuse, harassment, or violence. It sets legal boundaries for the abuser, aiming to ensure the victim's safety and well-being.
Key elements of a protective order include:
- Prohibition of contact: Restricts the abuser from contacting the victim through any means, including phone calls, texts, emails, and social media.
- Distance requirements: Mandates the abuser to maintain a specified distance from the victim's home, workplace, or school.
- Removal from residence: In some cases, requires the abuser to vacate a shared residence to prevent further harm.
- Temporary custody orders: May include temporary custody arrangements for children to protect them from harm.
- Firearm restrictions: Often prohibits the abuser from possessing firearms during the duration of the order.
A protective order may include other restrictions a judge deems necessary to prevent a victim from harm. If you don’t think the criteria above would adequately protect you, consult with an attorney who can help you advocate for a suitable protective order.
Victims also have the right to request modifications to the protective order if circumstances change. This can include extending the duration of the order, adding new restrictions, or removing certain conditions.
How Long Does a Protective Order Last?
The duration of a protective order in Texas varies depending on the type of order and the specifics of the case. Temporary protective orders typically last up to 20 days, providing immediate but short-term protection until a full court hearing can be held. This period can be extended if necessary.
Permanent protective orders generally last up to two years, offering long-term protection for the victim (they are permanent in the sense that the terms of the order may not be modified). However, under certain circumstances, such as severe ongoing threats or repeated violations, a judge may extend the order beyond two years or even make it ongoing without a termination date.
Victims can request a renewal or extension of the protective order before it expires. Providing evidence of continued threats or violations strengthens the case for extending the protection. Staying proactive about renewing the order ensures ongoing safety and security.
Who Can Apply for a Protective Order?
Anyone who has experienced family violence, dating violence, sexual assault, stalking, or human trafficking can apply for a protective order in Texas. The applicant doesn’t need to have a specific relationship with the abuser, although many cases involve family or household members, including spouses, ex-spouses, parents, children, and intimate partners.
Minors can also seek protective orders, but typically an adult must apply on their behalf. This often involves a parent, guardian, or another responsible adult who can demonstrate the need for protection. Additionally, protective orders can be sought for elderly or disabled individuals who are victims of abuse or neglect.
How to Apply for a Protective Order
Applying for a protective order involves several steps, starting with completing the necessary forms. These forms require detailed information about the abuse, including specific incidents, dates, and the nature of the threats or harm experienced. Accurate and thorough documentation strengthens the case for obtaining an order.
Once the forms are completed, they must be filed with the court. The applicant may need to attend an initial hearing, where a judge will review the application and decide whether to grant a temporary protective order. If granted, this order provides immediate protection until a full court hearing can take place.
The full court hearing involves both the applicant and the abuser, who has the right to contest the order. The judge reviews evidence, hears testimony, and decides whether to issue a permanent protective order. Legal representation can be beneficial during this process, helping to present a strong case.
What Happens If an Abuse Violates a Protective Order?
Violating a protective order is a crime in Texas, so an abuser can be arrested and charged with a misdemeanor or felony offense depending on the violation’s circumstances. The penalties for a conviction can include fines and/or incarceration.
Violations can include contacting the victim, approaching prohibited locations, or any other actions restricted by the order. Victims should report violations to law enforcement immediately.
Who Can Help Me Get a Protective Order in Texas?
If you seek a protective order against someone who’s abusing you, immediately contact a family lawyer with relevant experience. Our legal team at Kay Polk, Attorney at Law can provide the legal services you need to apply for a protective order and argue your case for obtaining one. We understand the seriousness of this matter and strive to ensure our clients receive personalized legal support.
For more information or to request a consultation, contact us today.
