Protective orders are preemptive legal options for people who fear for their life or safety. There are many threatening acts a person can do to ignite fear in someone’s heart. However, the laws of what is a crime may not include many of these acts. Because of this, people have the right and the ability to take precautionary measures to protect themselves by requesting a protective order from a court.
In Texas, to have a protective order one must have a judge sign off on their file. This requires that they fill out the forms and take them to their court to request a hearing. A hearing may be scheduled in two weeks. If someone fears they will not be safe between the time of the request and hearing, they may ask for a Temporary Ex. Parte Protective Order. Protective orders can be filed against a spouse, family member, a friend, or even a stranger who is threatening violence or who has been violent towards the person requesting the order; sexual assault is included.
A person must be over the age of 18 to file for a protective order. In some cases, juveniles may receive a protective order, but generally, if someone is under 18, the order may be requested by a parent or guardian. A protective order can put restrictions on the one threatening the safety of the requester that limit their ability to interact with the person who feels at risk. If they violate the order, they can be arrested. Usually, the orders are applicable for 2 years, however, sometimes they are longer.
The three types of protective orders in Texas are:
Temporary Ex. Parte Protective Order, are temporary and usually lasts for 20 days unless extended by the court. According to Ch. 83 of Texas Family Law, if there is clear and present danger of violence in the family, this order can be granted without a hearing to protect the family. If there is a hearing, it is not necessary for the respondent to be present. If the court finds it necessary, they may break from the hearing to call/contact the respondent to give them a chance to be present. The order may prohibit the respondent from certain things such as living with the family, owning a gun, or contacting the family (if there is clear and present danger of violence).
Permanent Protective Orders can last for 2 years or more. This order is issued if the accused has had 2 or more orders in the past in which they were judged by the court to be a threat to the person or family. It can also be ordered if the respondent has caused serious injury to the petitioner or their family and there is likelihood that there will be a future danger for those involved. If the respondent has violated a protective order in the past while it was still in effect, the court may issue a protective order without evidence of violence. A court may also render two protective orders, which apply to each party respectfully. Parties may provide the court with an agreement they have come up with subject to the approval of the court. The court may accept it provided it does not violate any of the requirements mandated for specific situations, such as domestic violence. If someone violates this order, they are subject to paying a fine of $500 or face up to 6 months of jail time, or both.
Magistrate's Order is a protective order mandated by a judge in a criminal court after someone has been arrested for violence towards the family, stalking, or sexual assault. These orders are emergency orders and can last for 31-61 days or up to 91 days. If serious harm has been done or there was use of a weapon, the judge may mandate this order even if the victims do not request it. This issue can also be requested by “victims, guardians of victims, a peace officer, or attorney representing the state.” This order can prohibit the defendant from possessing a firearm, communicating with the victims, and/or going near the living or employment areas of the victim until a hearing is scheduled to redefine or solidify the prohibitions described in the protective order.
As one of the experienced family law firm in Dallas Fort-Worth, we often provide legal services to our clients in getting protective orders against a spouse, family member, boyfriend, or girlfriend. We have helped clients with getting a protective order, when a spouse files for a divorce in an abusive relationship for their protection. Our family law attorneys of DFW understand the importance of a protective order for the protection of spouse filing for the divorce and the kids living with them, and we are here to provide our dedicated legal services to get you a smooth and peaceful divorce proceedings. Our attorneys have helped clients in different counties of Texas including, Dallas, Collin, Tarrant, Denton, and Rockwall in filing for a protective orders against their spouses, partners, and family members. We have also helped and guided our clients in filing for a divorce while in an abusive relationship. Our emotional and legal support helped our clients in starting a new life, and getting out of their abusive relationships and marriages.
The team of our family law attorneys are here for a FREE CONSULTATION to talk to you about your domestic situation, and help you find the best possible solution based on our expertise and knowledge of Texas Family Laws. You can schedule a FREE CONSULTATION with one of our family law attorneys by calling 972.789.1664, emailing firstname.lastname@example.org, or filling out the form on top of this page. We look forward to provide you a dedicated legal service for your family law matter.
Home » Protective Orders