Protective Orders in El Paso
Take Steps to Ensure Your Safety
Domestic disputes and incidents of violence can be frightening and dangerous. Fortunately, Texas law provides victims with tools to protect themselves and their loved ones. Protective orders are legal instruments designed to prevent an abuser from contacting or approaching the victim, giving the victim the ability to involve law enforcement if the order is violated.
At The Law Offices of Rios, Parada & Seañez PLLC, we help individuals in El Paso navigate the process of obtaining protective orders quickly and effectively, so you can regain a sense of safety and security. Call (915) 532-2333 today to arrange a confidential consultation with an experienced family law attorney.
How We Can Help
Our attorneys guide you through each step of obtaining a protective order. We handle every case with professionalism, compassion, and a focus on protecting you and your family. Let us help you:
- Assess Your Situation
- Determine the Best Protective Order for You
- File the Appropriate Paperwork
- Represent You in Court
- Explain Your Rights and Options
- Enforce the Order If Violated
Types of Protective Orders in Texas
Texas law provides different types of protective orders depending on the severity and immediacy of the situation. One of the most common types is restraining orders. These require parties to refrain from certain actions to prevent harassment, threats, or violence.
Other types of protective orders include protection orders, which can last up to five years with provisions tailored to the victim’s safety and the abuser’s restrictions. These are distinct from emergency protection orders (EPOs) that are typically issued immediately after a domestic violence incident, often when law enforcement is involved.
Common Provisions in Protective Orders
If you are looking for certain provisions, we can help you craft the right protective order. Your protective order may include one or more of the following provisions, depending on your situation:
- No Contact
- Peaceful Contact
- Stay Away
- Move Out
- Firearms Restriction
- Counseling or Intervention
Enforcement of Protective Orders
Law enforcement is responsible for enforcing protective orders. If the abuser violates the order, police can take immediate action. Protective orders issued in Texas are also generally enforceable in other states, ensuring your protection even if the abuser moves.
Why Choose Rios, Parada & Seañez PLLC for Protective Orders
Our El Paso family law attorneys provide professional, compassionate, and effective representation in protective order cases. We offer:
- Extensive Experience: Over 20,000 clients served.
- Local Knowledge: Familiarity with El Paso courts and legal procedures.
- Licensed, Bonded & Insured: Trustworthy legal representation.
- Personalized Attention: Tailored guidance to your specific situation.
- Compassionate Support: Handling sensitive, emotionally charged cases with care.
Our goal is to ensure you feel safe, informed, and empowered throughout the process.
Protect Yourself Today
If you or a loved one is experiencing domestic violence or feels unsafe, don’t wait. The Law Offices of Rios, Parada & Seañez PLLC can help you obtain the protection you need. Call (915) 532-2333 today or contact us online to schedule a consultation with a trusted El Paso protective order lawyer.
Frequently Asked Questions About Protective Orders
What is a protective order?
A protective order is a court-issued legal order designed to protect someone from family violence, stalking, harassment, sexual assault, or threats of harm. It can prohibit the alleged abuser from contacting, approaching, threatening, or harming the victim. Depending on the circumstances, a protective order may:
- Prohibit all direct or indirect contact (including phone calls, texts, emails, or social media messages)
- Require the abuser to stay a certain distance away from the victim’s home, workplace, school, or children’s school
- Remove the abuser from a shared residence
- Establish temporary custody or visitation restrictions
- Order the abuser to attend counseling or intervention programs
Protective orders are enforceable by law enforcement, and violations can lead to arrest and criminal charges.
How long does a protective order last?
The length of a protective order depends on the type issued and the circumstances of the case:
- Temporary Ex Parte Protective Orders are emergency orders issued without the abuser present. They typically last up to 20 days, though they can be extended if necessary.
- Final Protective Orders are issued after a court hearing where both sides have the opportunity to appear. In Texas, these orders can last up to two years, but in more serious cases, such as those involving repeat violence or serious bodily injury, they may last longer (sometimes up to five years or more).
The court determines the appropriate duration based on the level of risk and the facts presented.
Do I need a lawyer to get a protective order?
You are not legally required to have a lawyer to request a protective order. However, having an experienced attorney can significantly improve your ability to present evidence effectively and ensure the order includes strong, enforceable protections. An attorney can help you:
- Prepare and file the correct paperwork
- Present testimony and evidence clearly
- Respond to defenses raised by the other party
- Request specific protections tailored to your situation
- Navigate custody or firearm-related issues
Protective order hearings move quickly and follow formal court procedures, so legal guidance can make an important difference.
Can the abuser have firearms?
In many cases, protective orders restrict the respondent (the alleged abuser) from possessing, purchasing, or carrying firearms. Both Texas law and federal law may prohibit firearm possession while a qualifying protective order is in effect.
The court can require the abuser to surrender firearms and may include specific language in the order prohibiting firearm access. Violating firearm restrictions can lead to additional criminal penalties.
What happens if the protective order is violated?
Violating a protective order is a criminal offense. If the restrained person contacts the victim, comes within a prohibited distance, or otherwise violates the terms of the order, law enforcement can arrest them. Penalties may include:
- Jail time
- Fines
- Additional or extended protective orders
- Enhanced criminal charges for repeated violations
Even indirect contact, such as asking a third party to relay messages, can be considered a violation. Victims should report any violations immediately to law enforcement.
Can protective orders be modified or extended?
Yes. Protective orders can be modified or extended if circumstances change or if continued protection is necessary. For example, if threats persist or new incidents occur, the protected person may request an extension before the order expires.
Modifications may also be requested if there are changes in custody arrangements or other related matters. Any modification or extension must be approved by the court to remain legally enforceable.