Protective orders are designed to help Texas victims of domestic abuse stay safe while certain legal processes are taking place.
They may be requested by an individual alone or under recommendation by attorneys when there is a risk of violence against them.
There are three different types of protective orders that Texas law firms may suggest for their clients depending on the specific circumstance.
- Emergency Protective Order - An emergency protective order can be issued by the criminal court if someone is a victim of domestic violence and the abuser is arrested. Emergency orders normally last between 31 and 61 days, but they can be issued for up to 91 days if the abuser used a deadly weapon to commit acts of violence against the victim.
- Temporary Protective Order - A Temporary Order, also called a Temporary Ex Parte Protective Order, lasts for 20 days, and can be issued by a civil court to provide immediate protection if the judge believes that someone is in danger of domestic abuse from a named abuser. In certain family legal cases, lawyers might suggest their clients ask for this type of order to protect themselves or their children against violence caused by an angry ex-spouse or parent during divorce or custody cases. These orders can be extended by the judge as needed in 20-day increments.
- Permanent Protective Order - A Permanent Protective Order is one that can last up to two years and be extended as necessary when the risk of domestic violence against a victim continues. These orders are issued by a judge after a legal hearing, during which the victim and abuser must appear with their attorneys and state their cases. If the court agrees that there is an actual risk of violence against the victim, the order will be issued. Permanent Orders can also be issued for longer than 2 years if the abuser has committed a felony involving domestic violence, or if the victim suffered serious bodily injury at the hand of the abuser.
To file a request for a protective order in Texas, lawyers will direct their clients to the District Attorney’s office in either the county where the abuse happened or the county where a divorce case is pending.
There, the filer can fill out the necessary paperwork, have it reviewed immediately, and leave with a temporary order at the minimum.
Depending on the overall situation, a law firm might recommend filing for an emergency or permanent order as well.
Anyone dealing with domestic violence in Texas who needs help in the form of a protective order should contact a family lawyer or go to their DA’s office to file a protective order.