When a marriage reaches the point of separation, emotions can run high, and conflicts can escalate. In some cases, one spouse may feel threatened or unsafe, leading them to seek legal protection. Texas law allows individuals to obtain a protective order even if they are still legally married but living separately. These Orders provide legal safeguards against domestic violence, harassment, and threats. At Orsinger, Nelson, Downing & Anderson, we help clients understand their rights and take legal action to ensure their safety.
Understanding Protective Orders Under Texas Law
A Protective Order, known in some other States as a restraining order, is a court order that restricts an individual from engaging in certain behaviors toward specific individuals, such as contacting or harassing those individuals. Texas law recognizes different types of protective orders, including:
- Temporary Ex Parte Protective Orders – Immediate protection granted without the alleged abuser being present in court.
- Final Protective Orders – Issued after a full court hearing, and can last up to two years (with some exceptions allowing for longer durations).
- Magistrate’s Emergency Protective Orders – These are issued in connection with criminal domestic violence cases.
Under Texas Family Code § 85.001, a court can issue a final protective order if it finds that family violence has occurred and that such measure of protection that is provided by a Protective Order is necessary.
Can A Spouse Obtain A Protective Order While Separated?
Yes. Texas law does not require a couple to be divorced—or in the process of divorcing—for one spouse to seek a Protective Order against the other. As long as an individual can show evidence of family violence, threats, or harassment, they have the right to request legal protection.
Some common situations where a separated spouse may need a protective order include:
- Physical abuse or threats of harm;
- Repeated harassment through phone calls, emails, or in person;
- Stalking or unwanted surveillance; or
- Endangerment of children in the home.
Under Texas Family Code § 71.004, family violence includes physical harm, bodily injury, assault, or the threat of harm against a family or household member.
The Process Of Obtaining A Protective Order In Dallas
The steps to obtaining a protective order in Dallas typically include:
- Filing A Petition – The individual seeking protection files a petition with the District Clerk.
- Ex Parte Hearing – A judge may issue a temporary protective order if there is an immediate danger of harm that requires an Order sooner than 20 days.
- Serving The Respondent – The accused spouse is served with the protective order and notified of a court date.
- Full Court Hearing – Both parties present evidence, and the judge determines whether a final protective order should be granted.
If a party knowingly violates the restrictions provided through a temporary or final Protective Order, that violation can lead to criminal charges, including fines and jail time under Texas Penal Code § 25.07.
How A Protective Order Affects A Divorce Or Custody Case
A protective order can impact divorce proceedings, child custody decisions, and property division. Texas courts consider evidence of family violence when determining custody and visitation rights. Under Texas Family Code § 153.004, a judge cannot appoint the parties joint managing conservators if there is credible evidence of domestic violence.
A Protective Order may also grant:
- Exclusive use of the marital home
- Restrictions on child visitation or parental rights
- Temporary spousal or child support
- Restrictions on the accused abuser from accessing a family pet
Texas Protective Order Frequently Asked Questions
What Qualifies As Family Violence Under Texas Law?
Texas law defines family violence as any act intended to cause physical harm, bodily injury, or a threat that places a family member in fear of imminent harm. This includes domestic assault, stalking, and emotional abuse. Note that the definition of family is defined more broadly than just those individuals who would be part of the ‘nuclear family.’
Do I Need To File For Divorce Before Seeking A Protective Order?
No. You can file for a Protective Order even if you are still married. The law protects individuals regardless of marital status when family violence or harassment is evidenced to the Court.
How Long Does A Protective Order Last?
A temporary protective order lasts up to 20 days, while a final protective order can last up to two years. In cases of repeated or severe abuse, a court may extend the order beyond two years if the relevant legal requirements are met.
What Happens If My Spouse Violates The Protective Order?
Knowingly violating a temporary or final Protective Order is a criminal offense under Texas Penal Code § 25.07. The offender may face arrest, fines, and jail time, depending on the severity of the violation.
Can A Protective Order Impact Child Custody Decisions?
Yes. Courts consider family violence when determining custody and visitation. A judge may restrict or deny custody to a parent with a history of domestic violence.
What Evidence Do I Need To Obtain A Protective Order?
You may need to provide:
- Police report documenting incidents of abuse
- Medical records showing injuries
- Witness testimony from friends or family
- Electronic evidence, such as threatening texts or emails
- Photographs or video of events
Can A Protective Order Be Modified Or Dismissed?
Yes. Either party can request a modification or dismissal, but the court must determine if lifting the Protective Order is in the best interest of the protected party or parties.
Contact Orsinger, Nelson, Downing & Anderson For A Free Consultation
If you are separated and need protection from domestic violence or harassment, a Protective Order may provide the security you need. At Orsinger, Nelson, Downing & Anderson, we help clients understand their legal rights and options under Texas law.
Contact our Dallas family violence attorneys at Orsinger, Nelson, Downing & Anderson, LLP at (214) 273-2400 to schedule a consultation. We represent clients from our offices in Dallas, Frisco, and San Antonio, Texas.