Obtaining a Family Violence Protective Order in Texas
In a society that strives for safety and justice, Texas law provides a crucial mechanism for those experiencing family violence—the Family Violence Protective Order. Protective Orders are designed to shield individuals and their families from further harm by legally preventing an abuser from contacting or coming near them. If you or someone you know is in a situation of domestic violence, understanding how to obtain a protective order can be pivotal. Here’s what you need to know:
What Constitutes Family Violence?
Under Texas law, family violence includes any act by one family or household member against another that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that constitutes a threat that reasonably places the victim in fear of imminent physical harm, bodily injury, assault, or sexual assault. Family or household members can include spouses, former spouses, parents, children, individuals related by blood or marriage, and those who are currently or were previously in a dating relationship.
The Process of Obtaining a Protective Order
- Filing the Application: The process typically begins by filing an application for a protective order at the district or county courthouse where you reside or where the abuse occurred. It’s important to provide detailed information about the incidents of violence and any evidence you have, such as photos, medical records, or witness statements.
- Temporary Ex Parte Order: In urgent situations, a judge may grant a temporary ex parte protective order without a full hearing, based solely on your application. This order can provide immediate protection while you wait for a final hearing.
- Final Hearing: Within a few weeks of filing, a hearing will be scheduled where both parties can present their cases.
- Issuance of the Protective Order: If the judge finds sufficient evidence of family violence and determines that a protective order is necessary to protect your safety, they will issue a protective order. This order can include provisions such as prohibiting the abuser from contacting you or coming near your residence or place of work.
What a Protective Order Can Do
- Prohibit Contact: The abuser may be ordered to stay away from you and your children, your home, your workplace, and other specified locations.
- Child Custody and Support: The order can address temporary custody of children and financial support.
- Firearms Restrictions: In cases involving family violence, the court may prohibit the abuser from possessing firearms or ammunition.
Enforcing the Protective Order
Unlike restraining orders and injunctions, the violation of which usually requires some further court involvement to enforce, the violation of a protective order is a serious criminal offense itself and can result in arrest and criminal charges against the abuser if they fail to adhere to the terms of the order.
Seeking Help
If you or someone you know is experiencing family violence, there are resources available to help navigate the legal process of obtaining a protective order. Local domestic violence shelters, legal aid organizations, and law enforcement agencies can provide support and guidance.
Conclusion
Obtaining a Family Violence Protective Order in Texas is a significant step toward ensuring safety and protection for survivors of domestic violence. While the process may seem daunting, understanding your rights and seeking assistance from legal professionals and support services can empower you to take action against family violence. Remember, you are not alone, and there are resources and people ready to help you through this challenging time. Hennan Culp does not charge consultation fees for those affected by family violence.