Protective Orders in Texas
Protective orders are very serious. Some lawyers will describe a protective order as being halfway in the jail cell.
Often protective orders in Texas, as used in domestic situations, require one person to stay a certain distance from another person (the alleged victim). They typically last for 2 years. If the victim sometimes calls the police and says she saw you drive by or walking a certain distance of them a warrant can be issued for your arrest. You could be in public and not even realize the alleged victim is within a near distance of you, and you can be arrested.
Protective Orders can be used to protect children or individuals from domestic violence or abuse. They are issued by a judge. Protective orders are very serious. Many people underestimate the consequences of a protective order. If you have a protective order issued against you, make sure you understand what it means to you.
Remember, to get a protective order in Texas the alleged victim must prove 2 things:
- that the violence occurred, and
- that the violence is likely to occur again.
Often times the best way for you to protect yourself against a protective order in Texas is to demonstrate that there is no proof that the incident is likely to occur again. For example, if the alleged violence occurred when you were living together and you are no longer living together, then it may not likely to occur again.
If you are on the other side and need to obtain a protective order against someone, follow the steps below.
1: Visit either the district attorney’s office or file with the court.
2: Fill out the appropriate paperwork,
3: Wait for a judge to review your petition,
4: Have the other party served; Services of Process.
5: Wait for the hearing date.
In addition, you will have to pay the applicable fees to file the paperwork. Fees will vary depending on what county and State you are filing in.
Understanding What a Protective Order Will Do
In Texas, a protective order will not prevent the abuser from having any contact with you. Furthermore, the abuser can be required to leave their home if ordered to do so by the court. Moreover, the court may also grant you custody of children to protect the children from any abuse.
Texas Protective Orders Can Help You Protect Your Children
If your instincts tell you that your children may be abused when they are with their mother, look further into the situation. When your child is in a safe environment away from their mother, ask them some questions. However, if they are quite young, they may not be able to communicate with you. In this case, you will have to look for clues. Do you see any bruising on their body? Did their mother mention that the child fell recently? Is your child frequently getting hurt? These are all red flags to be aware. The court will not permit family violence. Find out as much as you can and keep documentation of dates if any specific instances occur.
Learn More About Your Rights Regarding a Texas Protective Order
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