Dallas Family Violence Attorneys
Protective Order Lawyers in Dallas & Austin Fighting to Protect You from Family Violence
If you're experiencing family violence, the National Domestic Violence Hotline is available to call or text 24/7 at 1-800-787-3224 or 1-800-787-3224, respectively. Additionally, this list of domestic violence resources in Dallas may be helpful. Stay safe.
At DebnamRust, P.C., our Dallas family violence and protective order lawyers are committed to helping Texans seek the protection they deserve during domestic violence cases.
What Is a Protective Order in Texas?
A protective order is an order from the judge against an individual accused or convicted of family or dating violence. If an individual harms a member of their family or an individual they are currently or were at some point in a relationship with (or gives such a person reason to believe they will commit bodily harm), a court could issue a protective order against that person.
Protective orders can enforce a number of penalties on an alleged abuser, including:
- Forcing them to remain a certain distance away from the person who files for the order;
- Requesting them to live apart from that person while the case concludes;
- Ordering them to halt all forms of contact with that person;
- Forcing them to relinquish custody of children they possess;
- Forcing them to relinquish firearms they own;
- Paying for court fees for the individual who files for the order;
- Other penalties the court considers or appropriate or are deemed necessary by law depending on the circumstances of the case.
In Texas, there are three types of protective orders:
- A magistrate's order of emergency protection (also commonly called an emergency protective order);
- A temporary ex parte protective order; and
- A permanent protective order.
Understanding how and when you may receive each of these kinds of protective orders can help you navigate your case.
Emergency Protective Orders
When an individual is arrested for domestic violence, a magistrate or judge can issue an emergency protective order either at the behest of the survivor/victim, or a third-party entity such as law enforcement professionals.
Emergency protective orders are a stopgap measure to prevent an alleged abuser from committing violence until a court can put a more permanent order into place (if the abuser is convicted).
Temporary Ex Parte Protective Orders
An individual can file for a temporary ex parte protective order against an alleged abuser without the other party's knowledge if they believe they are in immediate danger of suffering from more abuse.
If the judge assesses the case and agrees with the person filing for the order that they are in immediate danger, they can issue a temporary court order to protect that person until the court holds an official hearing. Temporary orders typically only last up to 20 days, but can be extended if a party misses a hearing or the court deems it necessary.
Permanent Protective Orders
After issuing an emergency or temporary protective order, the court will hold a hearing. Both parties can present their cases to the court. After hearing the evidence, the court can decide to issue a longer-lasting permanent protective order to protect the survivor/victim.
Despite the name, permanent protective orders typically only last up to two years. However, that length can be extended upon the survivor/victim's request, and if the court deems it necessary.
At DebnamRust, P.C., we help Texans navigate domestic violence disputes. You can rely on our team to fight for the protection you deserve in your case.