Sugar Land, TX Protective Orders Lawyers

Protective Orders In Texas: An Overview

A protective order is a type of restraining order that is designed to protect victims of domestic violence. When a protective order is in place, it will typically prohibit the accused (the person the order was entered against) from having any contact with the alleged victim—including things like phone calls and text messages. In Texas, protective orders are enforced at both the civil and the criminal level. A person who violates a protective order can be found in contempt and, potentially, arrested. There are several levels of a protective order in Texas: 

• Temporary Ex-Parte Order: This type of protective order can be entered without a full hearing. If there is a clear and present danger of domestic violence, a Texas judge can enter a temporary ex-parte order against the accused without delay. To be clear, this order is only effective for 20 days. 

• Magistrate’s Emergency Order: If a person is arrested for family-related violence or a related criminal offense, a Texas Magistrate Court has the authority to put an emergency order into place. Depending on the circumstances, this order will be effective for up to two months. Similar to a temporary ex-parte order, it is meant to serve as a placeholder before a full protective order hearing can be held. 

• Final Protective Order: During a protective order hearing, the party seeking protection will be required to show evidence that family violence has occurred and it is likely to happen again in the future without intervention by the court. It should be noted that the accused party has the right to attend this hearing and has the right to raise a defense. Indeed, at a full hearing, all parties have the right to present evidence and enter witness testimony into the record. If a protective order is necessary, it is a legal order enforceable throughout the United States. Duration varies, but almost all will expire at the end of two years from the date the protective order is created. 

Who Is Eligible To Get A Protective Order In Sugar Land?

Under Texas law, you can obtain a protective order if you were the victim of domestic violence and more violence is reasonably likely to occur in the future, assuming no legal action is taken. Our state defines “domestic” violence as violence between a family member, a household member, or someone in a past or current romantic relationship. To be clear, this means that you do not have to live in the same household to get a protective order against a partner. Indeed, you can get a protective order in any of the following situations if violence or threats of violence have occurred: 

1. You live under the same roof;
2. You are close family members; 
3. You share a child together; or
4. You are or were recently engaged in a dating relationship. 

How Can A Fort Bend County, TX Family Law Attorney Help

Were You a Victim of Domestic Violence?

If you or your child was the victim of domestic violence, a protective order can help you ensure safety. If you are in the middle of a custody case or a divorce case, your protective order will generally need to be filed through the Texas family court system. Our Sugar Land, TX family law attorneys can help you take action to obtain a protective order and secure your safety and overall well-being. 

Were You Accused of Domestic Abuse?

Parties accused of domestic violence need to take action to protect their legal rights and family law interests. If you were falsely accused, you should not let a protective order stand unchallenged. Failure to take action could have very serious consequences—potentially including denying you custody or visitation of your children. If a temporary protective order is already in place, you need to call an experienced Sugar Land, TX family lawyer as soon as possible. Do not violate the terms of a protective order. These cases must always be handled through the proper channels and by an experienced professional.