Protective Orders in Texas: What You Need to Know
In Texas, there are a few different protective orders that can be issued in family law cases. A protective order is a legal document that protects someone experiencing abuse or violence. It can help keep the person safe from further harm and provide some financial support.
If you are considering filing for a protective order, it is important to understand the different types and how they can help you.
Types of Protective Orders in Texas
Emergency Protective Order
In Texas, a person can request an Emergency Protective Order (EPO). These are short-term orders that last for 72 hours. That is three days. During this time, it is common for the defendant to have the right to petition the court to have it modified or dissolved.
This order does not require any type of proof that abuse or violence occurred. It is issued by a judge after the person seeking protection provides an affidavit, which is a written statement under oath.
Temporary Protective Order
A Temporary Protective Order (TPO) is a more long-term order. It lasts for up to 20 days, but it can be extended if the court finds good cause. This order also does not require any type of proof that abuse or violence occurred.
To get a TPO, you must have an attorney file a petition on your behalf. Then the respondent (the person the order is filed against) has to be served with a copy of the petition and temporary order. If the respondent is served and does not challenge it, a TPO will most likely be issued by a judge.
Protective Order After Hearing or Final Protective Order
After a TPO has been issued, the case will proceed to a hearing or final trial. After this occurs, a judge can issue a Protective Order After Hearing (POAH) or a Final Protective Order (FPO).
The order lasts for up to two years and is set for review halfway through that period. This order does require proof that abuse or violence has occurred.
If the respondent is convicted of family violence, the judge can issue an FPO instead of a POAH. This means there is no scheduled court date, and the order is final.
When Do You Need a Protective Order?
A family lawyer can help you determine whether or not to seek a protective order. It is important to remember that even if you have never been in a relationship with the abuser before or do not know the abuser, an FPO still may be able to protect against violence and financial support.
This type of court order is particularly useful if you face financial difficulties because of the abuse. If the abuser is responsible for providing you with financial support, FPO can help provide you with some relief from that responsibility.
If you are experiencing domestic violence or sexual assault, a protective order may be able to help keep you safe. Not only does it protect against further abuse, but if the abuser violates the order, they could face criminal charges.
Working with a family attorney can help you determine whether or not you are eligible for one of these orders and answer any questions you may have about them. It is vital to act quickly to obtain this type of court order to have time to be served on the abuser.
How Can a Protective Order Help
A protective order can help to provide peace of mind and security. In domestic violence cases, a protective order can keep the abuser away from your home and work, as well as your children’s school or daycare. It can also provide you with financial support for housing, food, medical care, counseling fees, and other expenses.
In addition, protective orders can help to protect you and your children from violence. The abuser could be under a restraining order that prohibits them from entering the home or contacting you. If they violate these protective order terms, they can be arrested and charged with committing a crime.
The Process for Obtaining a Protective Order
In most cases, you will need to file a petition for a protective order with the family law court in your county. The petition will contain information about the abuse or violence you have experienced. You may be required to provide evidence of the abuse, such as police reports, photos, or medical records.
The abuser will also be allowed to respond to the petition and submit their evidence. If necessary, a court hearing will be conducted where both parties may testify and provide evidence.
The Final Hearing of Your Protective Order Case
During this hearing, the family law judge will decide whether or not to grant the protective order you have requested. You can ask for more than one type of protection in your petition.
If the judge grants your protective order, you can be assured that it will protect for at least two years. Before the end of this term, you may need to file another petition for an FPO or TPO if your situation warrants it.
What Can You Expect After Receiving a Protective Order?
Even though a protective order can be a powerful tool, it is essential to remember that it is not a guarantee of safety. The abuser may still find ways to contact you or violate the terms of the order.
You should immediately contact the police and report the violation if this occurs. You can also ask the family law court to modify or enforce the terms of the protective order.
How Can a Family Lawyer Help?
Working with a lawyer can help you secure the protection you need. If you are facing financial difficulties due to domestic violence, the FPO may provide some relief.
In addition, if the abuser violates your order and makes contact with you or enters your home, your lawyer will help ensure that they face criminal charges. They can also assist you in modifying or enforcing the terms of your protective order.
If You Need a Protective Order in Texas, We Can Help!
At the Law Office of Rios, Parada, & Seañez, PLLC, in El Paso, Texas, we can help you take steps to protect yourself and your family. Our attorneys handle all types of protective order cases involving family violence.
Contact us today to schedule a free case evaluation with an experienced family attorney!