In Texas a protective order is used to protect you or your children from violence, sexual abuse or stocking. The order prevents the person from threatening, contacting, or even having a third party contact you on their behalf.
How To Get A Protective Order
Meet with your family law attorney right away. They will help you to fill out the application along with the affidavit expressing why you need an order.
We will request a hearing with the court and have the other person served. For a family violence protective order, you must show that violence has happened in the past and is likely to occur in the future.
It is extremely important that whenever violence occurs, you call the police. This will create a record of the abuser’s actions. The police will perform an investigation which will include pictures of any harm. This evidence will help you get the order.
For sexual assault or for stalking, you will need evidence to show that the person committed these acts. Police reports are the best way to prove your facts.
What does a protective order do? It is different from a temporary restraining order. Violation of a protective order is a criminal act and carries heavy fines and even jail time. A protective order can also:
- Order the abuser to attend anger management classes;
- Require drug testing;
- Prevent the abuser from possessing a firearm;
- Protect you contact information from the abuser;
- Remove the offender from your home (kick out order);
- Order the abuser to attend drug/alcohol abuse program;
- Mandate child support and medical support; and
- Set terms and conditions for visitation of the child.
Unless otherwise stated, a protective order lasts for two years from the date signed by the judge. In certain circumstances, it can be permanent.
Once a the protective order is in place only the judge can remove it. You are not able to change your mind and allow the abuser back into your lives.
This is a very serious matter. You have the duty to protect yourself and your children. Never allow someone else to put you or your children in danger.