Getting a Texas Protective Order
Texas law provides a mechanism to protect those who have been victims of family violence or dating violence. You may be eligible for a protective order if a family member, a current or former member of your household, or a current or former dating partner has:
- caused you physical harm or injury,
- assaulted or sexually assaulted you, or
- made threats against you that caused you to believe that he or she will harm you, assault you, or sexually assault you.
A protective order prohibits the person who injured you or threatened to injure you from coming close to you, your school, your workplace, your home, and other places you are regularly found. A protective order will also prohibit the person from communicating directly to you or through another person in a way that would cause a reasonable person to feel threatened, intimidated, or harassed. In addition to the protective language contained in the order, once the protective order is issued, the person against whom the protective order is issued will be prohibited by Texas and federal law from possessing a firearm. If the person who caused you injury or made threats against you lives in the same house as you, a “kickout” clause can be incorporated into the order prohibiting the person against whom the protective order is issued from occupying the home.
Temporary Protective Orders
If you have been injured, assaulted, or threatened with injury or assault, then it is possible to get a temporary protective order put in place. A judge may issue a temporary ex-parte protective order, which is good for up to twenty (20) days. After the temporary order is issued, the person who caused you injury or made the threats against you will be served with notice that he or she is subject to a temporary protective order, and will be ordered to appear in court to show why the temporary order should not be made permanent. If the order is made permanent, then the protective order may be effective for a period of several months, which may extend to two years or even more in exceptional circumstances, and the other person may be ordered to pay your attorney’s fees and court costs.
How the Dallas Law Office of Pete Rowe Can Help
if you have been the victim of family violence or dating violence, call the Law Office of Pete Rowe today to speak with an attorney who can help you pursue a protective order to protect yourself from future violence and threats.