If you cannot attend the hearing, you should request a later court date as soon as possible. The hearing for a final protective order is typically scheduled after a temporary protective order is in place, and the process of filing for one is the same as filing for a temporary order. Final Protective OrdersĪ final protective order (also known as a permanent protective order) can provide long-term protection from an abuser and is issued after a hearing in which both parties have the opportunity to present their case. However, you may be able to request a 20-day extension of the order if need be. If they find that there is a risk of family violence, they can issue a temporary ex parte order that will last up to 20 days. You should include detailed descriptions of the abuse and be sure to note whether factors like alcohol or drug abuse are involved.Īfter you submit your petition, a judge will look over it and make a decision. In the petition, you will be asked to explain your reason for filing. To obtain a temporary ex parte protective order, you will need to file a petition with the court in your or the abuser’s county of residence. This type of order can be issued without the abuser being present in court and without them having the opportunity to object to the order. If you need immediate protection from your abuser, you can apply for a temporary ex parte protective order (sometimes called a temporary restraining order). The process of obtaining a protection order in Texas depends on the type of order you are seeking and your unique situation. There are three main types of protective orders in Texas: That’s why it’s important to understand the various types of protective orders available in Texas and how they work. With all of these factors in mind, protective orders are much more effective than restraining orders in providing protection from abuse. Unlike restraining orders, protective orders are criminal matters under Texas law, which means that a police officer can enforce the order by arresting the offender. For example, violations such as harassment or stalking frequently result in criminal charges. The consequences for violating a protective order are much more strict. That’s because the order is a civil contempt matter, not a criminal one, so law enforcement does not have the authority to enforce restraining orders. If the terms of a restraining order are violated, the court is authorized to jail the offender who is violating the order, but this rarely occurs. This may include awarding full custody of the children to the victim or ordering the abuser to move out of the family home. Protective orders can also provide other forms of relief, particularly when other household members are involved. These orders protect domestic abuse, sexual assault, or trafficking victims from further abuse. Protective orders, on the other hand, can be issued even if there is no pending court case. For example, a restraining order may be issued in a divorce case to prevent one spouse from selling joint property or prevent both parties from harassing or contacting each other while the divorce is pending. The aim is to prohibit one or both parties from certain behaviors or activities related to the case. Restraining orders are generally used in an existing court case or lawsuit. In Texas, there are two overarching categories of orders that can provide protection from abuse:Īlthough these terms are often used interchangeably, each has a different purpose, and it is important to understand their differences so you can make an informed decision about your best course of action. This order may prohibit an individual from engaging in certain activities, such as coming near you or contacting you. If you are a victim of domestic violence in Texas, you may be able to obtain a court order to protect yourself from your abuser. Need immediate legal support against your offender in Brazoria County, Fort Bend County, or Harris County? Please contact my offices right away. Let me provide you with some guidance on restraining orders, protective orders, and your legal options so that you know what type of official protection you need. If you are experiencing violence or abuse from a spouse, I know this can be difficult. As a family law attorney, I am often asked the question of how does a restraining order work in Texas? The answer to this question largely depends on the specifics of your situation.
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