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Family disputes can turn dangerous fast, especially when threats or violence come into play. In some situations, words aren’t just hurtful—they’re warnings. Protective orders in Texas family law cases give people a way to take action when safety becomes a concern. These court-issued orders can stop contact, restrict movement, and offer real protection during legal battles involving abuse, divorce, or custody. They don’t just set limits—they give victims the legal support they need to stay safe and heard.
Protective Orders in Texas Family Law Cases
Protective orders play a major role in Texas family law cases. They help people who face threats or harm, especially during high-stress situations like divorce, child custody disputes, or domestic violence. Courts take these orders seriously because they directly affect the safety of victims and their children.
This article explains how protective orders work in Texas, who can request them, and how they can affect a family law case.
What Is a Protective Order?
A protective order is a legal document issued by a judge to protect someone from abuse, threats, or harassment. The person requesting the order is the applicant. The person accused of violence or threats is the respondent.
In Texas, courts issue protective orders under the Texas Family Code. These orders can stop someone from contacting the victim, going near their home or work, or owning a firearm.
Types of Protective Orders in Texas
Temporary Ex Parte Protective Order
A temporary ex parte protective order provides immediate protection without the respondent present. Courts grant these orders when they believe the applicant faces a clear and present danger. These orders usually last up to 20 days but can be extended if needed.
Final Protective Order
A final protective order can last up to two years or longer in some situations. The court holds a hearing where both sides can present their evidence. If the judge finds that family violence occurred and is likely to happen again, the order becomes final.
Magistrate’s Order for Emergency Protection
This type of order applies in criminal cases. When police arrest someone for family violence, the magistrate can issue an emergency protection order. These usually last between 31 and 91 days, depending on the case.
Who Can Request a Protective Order?
Texas law allows a wide range of people to request protection. The applicant can be:
- A current or former spouse
- Someone related by blood or marriage
- A parent of the respondent’s child
- A person who lives or has lived with the respondent
- Someone in a dating relationship with the respondent
Parents or guardians can request protection for a child who faces abuse or threats. In some cases, prosecutors or protective services may also request a protective order on behalf of a victim.
What Does a Protective Order Do?
Protective orders limit the respondent’s actions. Depending on the situation, the court can include several restrictions:
- No contact with the applicant, including phone calls, texts, or emails
- Stay away from the applicant’s home, school, or workplace
- No possession of firearms or ammunition
- Temporary child custody or visitation limits
In cases involving children, the order can give temporary custody to the protected parent and prevent the other parent from seeing the child unless the court allows supervised visits.
How to File for a Protective Order
The process starts when the applicant files a request with the district or county court. Here’s a step-by-step breakdown:
Step 1: Complete the Application
The applicant must fill out forms that describe the abuse or threats. These forms are available online or through the district attorney’s office, legal aid, or a private attorney.
Step 2: File the Forms
Once completed, the forms go to the court clerk. No filing fee applies to protective order requests in Texas family violence cases.
Step 3: Appear in Court
The judge may issue a temporary ex parte order right away. Later, both parties will attend a full hearing, where the judge decides if a final protective order is needed.
What Happens During the Hearing?
Both sides can bring evidence and witnesses to support their claims. The judge listens to both stories before making a decision. If the judge believes family violence occurred and might happen again, they issue the final protective order.
If the respondent fails to show up in court, the judge can issue the order without them.
Protective Orders and Divorce Cases
Protective orders often come up during divorce cases. When abuse or threats play a role in the marriage, one spouse may request a protective order as part of the divorce proceedings.
In many cases, the court will consider the protective order when deciding child custody, visitation, and property division. Judges aim to protect victims while still acting in the best interest of the children.
How Protective Orders Affect Child Custody
Texas courts focus on child safety. If a parent poses a threat, the judge can limit or block access to the child. The court may require supervised visitation or deny visitation completely. In some cases, the order gives full custody to the non-abusive parent.
Judges consider these factors when deciding on custody:
- History of abuse
- Evidence of threats or violence
- Emotional or physical harm to the child
- Stability of each parent’s home
Consequences for Violating a Protective Order
Violating a protective order is a criminal offense in Texas. The penalties can be severe, including:
- Jail time
- Fines
- Additional charges if violence occurs during the violation
Police officers have the authority to arrest someone without a warrant if they suspect a protective order has been violated.
If the respondent contacts the applicant in any way that the order forbids, the court may take further action and increase restrictions.
Can a Protective Order Be Changed or Dropped?
Yes, but only through the court. The applicant cannot cancel the order alone. If someone wants to change or drop a protective order, they must file a request with the court. The judge will review the request and decide based on current circumstances.
Courts take these requests seriously and usually want evidence that the threat no longer exists.
What to Bring When Seeking a Protective Order
To help support the request, applicants should prepare documentation such as:
- Police reports
- Photos of injuries or damage
- Text messages or emails that show threats
- Witness statements
- Medical records
Having clear evidence can help the judge understand the situation and make a decision.
Legal Support and Resources
People facing abuse or threats can find help through legal aid, nonprofit groups, or local shelters. Many of these organisations offer help with paperwork, court representation, and safety planning.
Here are a few resources in Texas:
- Texas Advocacy Project
- Texas Legal Services Center
- Local District Attorney’s Office
- Family violence shelters
Final Thoughts
Protective orders offer a legal way to help victims feel safe during family disputes or after abuse. These orders protect not only individuals but also children who might face harm. Courts use them to stop violence and control high-risk situations.
If someone feels unsafe due to a partner or family member, they can ask for a protective order. The process does not take long, and many people find relief once the court steps in. While no solution fits every case, the legal system offers tools to protect those who need it most.
Other Articles you may be interested in:
- The Complete Beginner’s Guide to Texas Protective Orders
- Divorcing from an Abusive Spouse in Texas: What you Need to Know
- 5 Things You Need to Know About Family Violence in Texas
- How Can I Prove to a Texas Divorce Court I am Sober?
- Common Law Marriage and Texas Divorce Guide
- I Want a Texas Divorce but My Husband Doesn’t: What can I do?
- Am I Married? – Marital Status in Texas
- Can I sue my spouse’s mistress in Texas?
- When is, Cheating Considered Adultery in a Texas Divorce?
- 6 things You Need to Know Before You File for Divorce in Texas
- What is the Difference Between a Protective Order and A Restraining Order?
- Child Protective Services Investigation- What to expect and how to handle the situation, Part 2
- Child Protective Services: Investigation Essentials for Texas Families
- Can a possession order be affected by the mental health problems of a parent?
- What does it mean to terminate parental rights in order to adopt a child in Texas?
- Preparing for a hearing in which a protective order has been requested in Texas
Frequently Asked Questions
A: Protective orders in Texas are legal documents that restrict individuals who have engaged in family violence or harassment. These orders typically prohibit the offender from threatening, harassing, or approaching the victim. To obtain a protective order, you must go through a legal process, gather evidence, and present your case in court.
A: To obtain a restraining order, also known as a protective order in Texas, against your neighbor, follow these steps:
– File an application in the county where you reside.
– Include specific information about the offender and details of the harassment or threats.
– Provide evidence to support your case.
Once granted, the order legally restricts your neighbor from certain actions, such as approaching you or your property.
A: Protective orders can be part of your legal record in Texas and may appear in background checks. However, having a protective order on your record doesn’t imply guilt. It’s a legal measure to protect victims. Complying with its terms is crucial to avoid legal consequences.
A: Violating a protective order in Texas can result from actions like contacting the protected individual, approaching their residence or workplace, or engaging in any prohibited actions specified in the order. It’s essential to fully understand the order’s terms to avoid unintentional violations.
A: A no-contact order in Texas prohibits one person from contacting another, often in cases of harassment or family violence. These orders are enforced by law enforcement and may have specific provisions. Violating a no-contact order can lead to legal penalties. Consult legal authorities to obtain or understand such an order.
A: In Texas, you can file harassment charges when you believe you’ve been subjected to intentional harassment or threats. Consult law enforcement or legal authorities to understand specific criteria and steps for filing charges. Providing evidence of harassment is typically crucial.
