Protective Orders
Protective Orders in Texas
How can a family law attorney help you with protective orders?
The most common use of protective orders is for preventing family violence, such as physical harm and sexual assaults. Spouses, divorcing couples, couples who live together, and persons involved in dating relationships can apply for protective orders.
What is a protective order?
In general, a protective order is a court issued order that prohibits the violent person from:
Harassing or contacting you or your family members- Committing further violent actions
- Coming near locations such as your home, place of work or school
- Possessing firearms
The court may order the abusive party to attend counseling and may establish temporary custody or support as part of the order. Violation of a protective order is a criminal offense that can lead to arrest and jail time.
What are the three types of protective orders in Texas?
Texas courts issue three types of protective orders for domestic violence, based on the circumstances of your situation:
- Emergency protective order
- Temporary ex parte protective order
- Final protective order
- Magistrate Order for Emergency Protection
What is an emergency protective order?
The criminal court issues an emergency protective order (also called a magistrate’s order for emergency protection) after the authorities arrest the domestic violence abuser. Reasons for arrest can include committing:
- Family violence
- Sexual assault
- Sexual abuse
- Stalking
- Trafficking
You do not have to be present in court for the magistrate to issue this protective order. The magistrate can issue the order based on their own decision, based on your request, or on the request of a police officer or state attorney/prosecutor. Typically, the order would last 31 to 61 days. Although, when the abuser has used or displayed a deadly weapon, the order would last for 61 to 91 days.
What is a temporary ex parte protective order?
The abuser does not have to be present for the court to issue this type of order. The temporary order provides protection from the abuser, but you must present clear evidence that the abuser has put you or your family in danger of family violence. The order must contain an expiration date and typically lasts for 20 days. Although, you can request an extension for additional 20-day periods. Usually, courts grant extensions when the abuser has not been served yet. The abuser’s arrest is not necessary for the judge to issue this order.
What is a final protective order?
A final protective order (also called a permanent protective order) can last up to two years. When these orders do not contain an expiration date, they expire on the second anniversary of the date the court issued the order. When the order has been in effect for one year, the abuser has the legal right to file a motion to discontinue the order. The judge will hold a hearing to determine whether the order is necessary to continue.
In addition, a final protective order can last longer than two years if the following circumstances exist:
- The family violence against you or the household was a felony offense (even if there was no arrest or conviction).
- The abuser caused serious bodily injury to you or a family or household member.
- The court has issued two or more protective orders against the abuser in the past and the judged ruled that the abuser committed the family violence.
There are also factors that apply to the length of the order if the abuser received a sentence of incarceration for the domestic violence.
What is a Magistrate Order for Emergency Protection?
In Texas, after the person who engaged in family violence is under arrest, a magistrate can issue an emergency protective order for the victim. The order protects the victim after the person’s release from jail. When the violence includes sexual assault, aggravated sexual assault or stalking, the magistrate can issue the order at their discretion. However, if the offense resulted in serious bodily injury or use of a deadly weapon, it is mandatory that the magistrate issue an emergency protective order. This order prohibits further violence, going near your place of work, home or school. It also prohibits further violent communication. The order lasts between 31 and 91 days, and usually lasts 61 days when the person used a deadly weapon.
What is an emergency protective order?
The criminal court issues an emergency protective order (also called a magistrate’s order for emergency protection) after the authorities arrest the domestic violence abuser. Reasons for arrest can include committing:
- Family violence
- Sexual assault
- Sexual abuse
- Stalking
- Trafficking
You do not have to be present in court for the magistrate to issue this protective order. The magistrate can issue the order based on their own decision, based on your request, or on the request of a police officer or state attorney/prosecutor. Typically, the order would last 31 to 61 days. Although, when the abuser has used or displayed a deadly weapon, the order would last for 61 to 91 days.
What is a temporary ex parte protective order?
The abuser does not have to be present for the court to issue this type of order. The temporary order provides protection from the abuser, but you must present clear evidence that the abuser has put you or your family in danger of family violence. The order must contain an expiration date and typically lasts for 20 days. Although, you can request an extension for additional 20-day periods. Usually, courts grant extensions when the abuser has not been served yet. The abuser’s arrest is not necessary for the judge to issue this order.
What is a final protective order?
A final protective order (also called a permanent protective order) can last up to two years. When these orders do not contain an expiration date, they expire on the second anniversary of the date the court issued the order. When the order has been in effect for one year, the abuser has the legal right to file a motion to discontinue the order. The judge will hold a hearing to determine whether the order is necessary to continue.
In addition, a final protective order can last longer than two years if the following circumstances exist:
- The family violence against you or the household was a felony offense (even if there was no arrest or conviction).
- The abuser caused serious bodily injury to you or a family or household member.
- The court has issued two or more protective orders against the abuser in the past and the judged ruled that the abuser committed the family violence.
There are also factors that apply to the length of the order if the abuser received a sentence of incarceration for the domestic violence.
What is a Magistrate Order for Emergency Protection?
In Texas, after the person who engaged in family violence is under arrest, a magistrate can issue an emergency protective order for the victim. The order protects the victim after the person’s release from jail. When the violence includes sexual assault, aggravated sexual assault or stalking, the magistrate can issue the order at their discretion. However, if the offense resulted in serious bodily injury or use of a deadly weapon, it is mandatory that the magistrate issue an emergency protective order. This order prohibits further violence, going near your place of work, home or school. It also prohibits further violent communication. The order lasts between 31 and 91 days, and usually lasts 61 days when the person used a deadly weapon.
Get legal help to deal with protective orders
A family law attorney can help you decide which type of protective order applies best to your situation. We can assist you with filing the legal paperwork and also gather evidence. To protect you and your family against domestic violence, it is wise to seek legal advice as soon as possible.
Call 940.566.0606 to schedule an appointment.
Reach out to us
DTX Family Law offers paid consultations with Board-Certified Family Law Attorney Chrysandra S. Bowen.
Our consultations are designed to provide meaningful legal guidance, case evaluation, and strategy tailored to your situation.
DTX Family Law
525 S. Locust Street, Ste. 100
Denton Texas 76201
Phone: 940.566.0606