Protective orders are court orders that prohibit someone from engaging in certain behaviors that are harmful or threatening to another person. In Texas, protective orders are known as “Protective Orders for Family Violence” and are intended to protect victims of family violence, dating violence, or stalking.
If you or someone you know is in a dangerous or abusive relationship, obtaining a protective order can provide legal protection and help to prevent further harm. In this blog post, we will discuss the Texas protective order and how it can help victims of family violence.
What is a Texas Protective Order?
A Texas Protective Order is a court order that is designed to protect a victim of family violence, dating violence, or stalking. The order can prohibit the abuser from contacting or coming near the victim, as well as from engaging in certain behaviors such as threatening, harassing, or stalking the victim. In addition, the order can require the abuser to move out of the victim’s home, surrender firearms, and pay child support or other financial support.
Who can apply for a Texas Protective Order?
A victim of family violence, dating violence, or stalking can apply for a Texas Protective Order. The victim can be a current or former spouse, a current or former dating partner, a parent, a child, or another family member. It’s important to note that the victim does not have to be physically injured to apply for a protective order. If the victim has reason to believe that they are in danger of harm, they can seek a protective order.
How do you apply for a Texas Protective Order?
To apply for a Texas Protective Order, the victim must file a petition with the court. The petition should include detailed information about the abuse or threat of abuse, including dates, locations, and specific incidents. The victim can also include information about any witnesses or evidence that supports their case.
Once the petition is filed, the court will schedule a hearing where the victim will have the opportunity to present their case. The abuser will also have the opportunity to respond to the allegations. If the court determines that the victim is in danger of harm, it will issue a protective order.
How long does a Texas Protective Order last?
A Texas Protective Order can last for up to two years. However, the victim can request an extension of the order if they still feel that they are in danger after the two-year period has ended.
What are the consequences of violating a Texas Protective Order?
Violating a Texas Protective Order is a criminal offense and can result in arrest and prosecution. The abuser can face fines, imprisonment, or both. In addition, violating a protective order can have negative consequences in family court proceedings, such as custody disputes.
Conclusion
Texas Protective Orders are an important tool for victims of family violence, dating violence, or stalking. If you or someone you know is in danger of harm, seeking a protective order can provide legal protection and help to prevent further harm. To apply for a Texas Protective Order, the victim must file a petition with the court and attend a hearing. If the court determines that the victim is in danger of harm, it will issue a protective order that can last for up to two years. Remember, violating a protective order is a criminal offense and can result in arrest and prosecution.
Contact Tidwell Law Firm for experienced Family Law Attorneys ready to help you.