What Types of Protective Orders Are Available In Texas? - Bineham & Gillen

divorceProtective OrderWhat Types of Protective Orders Are Available In Texas?


Types Of Restraining Orders

Domestic violence can be traumatic for any family or individual to experience. A protective order can be issued to help those who have experienced domestic violence from a household member. Ultimately, the suit is an asset in any safety plan.

At Bineham and Gillen, we want to help you throughout your legal journey. Read ahead to learn about the three Texas protective orders and how you can qualify for one.

What Is A Protective Order?

Protective orders offer a variety of different protections for the petitioner. You can apply for an order on behalf of you and your child. These suits can instruct an abuser to:

  • Cease any acts of family/dating violence.
  • Stop any form of communication with you or a third party.
  • Stay away from your home or workplace.
  • Stay away from a protected child’s school or daycare facility.
  • Pay child support during the time of order.

To qualify for a protective order in Texas, the abuser must be a family or household member. These suits can occasionally apply to someone who has sexually assaulted you, even if they are not a partner or family member.

The Three Types of Texas Protective Orders

Lawmakers actively enforce these injunctions, guaranteeing you legal protection. If your application is approved, the circumstances of your case will determine which order you receive.

Temporary Ex Parte Order

A temporary ex parte order is issued by a civil court and provides you with immediate protection from your abuser. A judge must believe that your abuser is a clear and present danger to you or a family member. Then the injunction will go into effect, usually for no more than 21 days.

A judge can extend this period in 20-day increments. The abuser does not need to appear in court for this suit to go into effect. It protects you while your abuser is served with the injunction.

Permanent (Final) Protective Order

During a hearing, a judge will listen to the arguments of both sides. If a judge feels you are a victim of abuse, they will grant a permanent protection order. This injunction can last up to 2 years.

However, a judge may decide to lengthen the expiration date in certain circumstances. If the abuser has committed a felony offense involving family violence or caused you serious bodily injury, the timeframe may be longer.

Emergency Protective Order

A criminal court will issue an emergency protective order if the abuser is arrested for committing an act of family violence. These injunctions last anywhere from 31-61 days. However, if the abuser commits an act of violence using a deadly weapon, it can last up to 91 days.

Filing For a Protective Order

To file for a protective order, you will have to go to the District Attorney’s office. You should file the application in the county where the abuse took place. If you have a pending divorce case, file it in the court where the case is pending.

You should complete an application to apply for a protective order. Once it has been carefully completed, a judge will review your case and decide how to progress.

Contact Bineham & Gillen For Legal Assistance!

Family disputes are difficult situations to deal with. Bineham and Gillen’s San Antonio Family Lawyers want to help you through the process. If you need help obtaining a protective order, contact us today to get started with your next steps.

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