When someone faces domestic violence, stalking, harassment, or threats from someone else, the law provides legal options for someone to protect their safety. A protective order, also known as a restraining order, is a court-issued document that limits the actions of an individual who poses a danger to another person. In Texas, protective orders are commonly used in divorce and family law cases to protect victims from an abusive spouse, ex-partner, in-law, or family member.
Under Texas Family Code § 85.001, courts may grant protective orders if there is evidence of family violence, threats, or harassment by a relevant person. A Dallas family lawyer plays a crucial role in ensuring that victims receive the legal protection they need. The process can be complex, and having an attorney by your side increases the chances of obtaining a legally enforceable order that provides real protection.
Types Of Protective Orders In Texas
Temporary Ex Parte Protective Orders
A temporary ex parte protective order is an emergency protective order granted without notifying the alleged abuser. Courts issue these orders when immediate action is necessary to prevent harm. They typically last up to 20 days, but these can be extended if necessary.
Final Protective Orders
A final protective order provides long-term protection, typically lasting up to two years. However, if the court determines the abuser is a continued threat (following a specific legal definition), the order may be extended for longer. These orders are issued after a full court hearing, where both parties have the opportunity to present evidence, or by agreement.
Magistrate’s Emergency Protective Orders (EPOs)
EPOs are issued in cases where the abuser is arrested for family violence, stalking, sexual assault, or trafficking. A judge may order an EPO without the victim’s request, providing immediate protection for at least 31 days and up to 91 days under Texas Code of Criminal Procedure Art. 17.292.
How A Dallas Protective Order Lawyer Can Help
Filing A Protective Order Petition
We often assist clients in filing a petition for a protective order in the Dallas County courts. The petition we file on their behalf must include detailed information about the abuse or threats, and it must provide evidence that supports the request for protection.
Presenting Evidence In Court
Courts generally require strong evidence to grant a final protective order. We help our clients gather and present necessary documentation, such as:
- Police reports
- Medical records
- Witness statements
- Electronic evidence (text messages, emails, recordings)
Enforcing Protective Orders
A protective order is only effective if properly enforced. If the abuser violates the order, law enforcement can make an immediate arrest, and the offender will usually face criminal charges under Texas Penal Code § 25.07 for the violation of the protective order.
Modifying Or Extending Protective Orders
If circumstances change, we assist clients in modifying or extending protective orders. Whether an extension is needed due to continued threats or a modification is required to adjust custody or visitation arrangements, we work to ensure the order provides the necessary protection.
Texas Protective Order FAQs
Who can request a protective order in Texas?
Under Texas Family Code § 82.002, a protective order is available to anyone who is a victim of family violence, dating violence, stalking, sexual assault, or human trafficking.
How long does a protective order take to go into effect?
A temporary ex parte protective order can be issued within 24 to 48 hours, while a final protective order request may take weeks to be heard, depending on court availability.
Can a protective order include children?
Yes. Courts may include children in a protective order to prevent contact between them and the abuser. This can impact custody and visitation rights under Texas Family Code § 153.004.
What happens if the abuser violates the order?
Violating a protective order is itself a criminal offense. Offenders may be arrested and face charges, including jail time and fines, under Texas Penal Code § 25.07.
Can a protective order be dismissed?
Yes. A protective order may be dismissed if both parties agree or if a court determines that there is no longer a threat. However, a judge must approve any modifications or dismissals.
Is there a difference between a restraining order and a protective order?
Yes. A protective order is enforceable by law enforcement and can lead to criminal penalties if violated. A restraining order is a civil order used to prevent certain actions, but it is not criminally enforceable.
Can a protective order impact child custody and visitation?
Yes. Courts consider protective orders when determining custody and visitation rights. If an abuser is a parent, visitation may be supervised or denied under Texas Family Code § 153.004.
Call Our Dallas Family Law Attorneys For A Free Case Review
If you or someone you love is facing threats, harassment, or abuse, it is critical for them to take legal action immediately. A Dallas protective order lawyer can guide you through the process and ensure that you receive the protection you deserve.
At Orsinger, Nelson, Downing & Anderson, we have helped countless individuals secure protective orders to protect themselves and their families. Contact our Dallas family violence attorneys at Orsinger, Nelson, Downing & Anderson, LLP at (214) 273-2400 to schedule a consultation. We serve clients from our office locations in Dallas, Frisco, and San Antonio, Texas.