Protective Orders in Texas

Not all relationships end amicably. Some often end in a rather volatile way. If you are dealing with a situation in your marriage or dating relationship that is becoming increasingly hostile or violent, you undoubtedly fear for your safety and for the safety of any children who may reside with you. When the situation at home escalates, it may be in your best interest to seek a protective order from the Court. In Texas, there are a few options you can pursue to protect yourself.  The protective order you obtain, however, will depend upon the facts in your specific case. Below is a summary of some of the protective orders available under the Texas Family Code.

Temporary Ex Parte Protective Order

If your spouse or partner has exhibited violent behavior toward you or your children, you can ask the Court to grant you a temporary ex parte protective order. This type of protective order can be issued by the Judge without holding a hearing or noticing the other party, which is why it is known as an “ex parte.”

To obtain this type of protective order, you must provide proof, usually through a sworn affidavit signed under oath, that your spouse or partner has abused you and/or your children in the past and that you are in fear of or at risk of being abused again in the future. If the Judge believes that the danger to you is imminent, he or she will likely issue a temporary ex parte protective order. This type of protective order only lasts for 21 days but may be extended for an additional 21 days, after filing a proper motion, until a hearing can be held.

The temporary ex parte protective order can provide you some immediate physical protection, as well as your children if they are also listed as “protected persons” in the order, while efforts are made to get the other party properly served with the application for protective and the temporary ex parte protective order. The temporary ex parte protective order, if granted, will also include a hearing date and the other party will be given notice to appear for that hearing, once he or she is served.

Final Protective Orders

If the Court grants you a temporary ex parte protective order, you will have the ability to put on more specific and compelling evidence as to why you (and your children) should be granted longer-lasting protection, a final protective order, against your spouse or partner at the scheduled hearing.

The Judge will listen to arguments from both parties before making a final decision. If the Judge determines, based on the evidence presented, that you have been abused by your spouse or partner and that you are also at risk of imminent physical or bodily harm in the future, a final protective order is the likely result after the conclusion of the hearing. A final protective order typically lasts for up to two years. However, if the actions of the abuser resulted in serious bodily injury to you or any member of your household, the Judge can also issue a final protective order that lasts longer than two years. This is especially true if the abuser has had two or more protective orders issued against him or her in the past, or if the violent actions exacted against you are considered a felony criminal offense (i.e., strangling by the throat).

Conversely, however, a judge can decide to reduce the originally ordered duration of a protective order or perhaps lift the protective order entirely. Individuals who are subject to protective orders issued against them (often referred to as Respondents or Defendants) can file a motion with the court to request a reduction or discontinuation one year after the order was issued. After such a request is made, the Judge will first hold a hearing and receive evidence and testimony from both parties before deciding whether or not there is a need to leave the protective order in place.

Emergency Protective Orders

The types of protective orders discussed above are issued in a civil district court after you have filed an application for a protective order. But they do not require that your spouse or partner be physically arrested by law enforcement for the violent actions you are alleging they engaged in before you can attempt to obtain them. Emergency protective orders, however, are typically issued by a criminal court following an arrest for violent behavior against a spouse, dating partner, or any member of the household. Emergency protective orders, which are also known as a Magistrate’s Order of Emergency Protection (“MOEP”), generally last up to 60 days after one is issued. This type of emergency protective order is a more expedient and effective option if your spouse or partner has engaged in assault, stalking, sexual assault, sexual abuse, or sex trafficking, for example.  While most emergency orders automatically expire after 60 days, this type of protective order can also be extended by the criminal court. If the abuser has used or brandished a deadly weapon while committing any of the above-mentioned crimes, the order may be in place for longer. The arresting officer will usually file an emergency protective order at the time of the arrest. However, an order can also be issued after the complainant or the District Attorney’s office requests the appropriate court to issue a MOEP.

Fearing for your own safety and livelihood only compounds the complications and stresses in an already tenuous situation at home. An experienced family law attorney can help you determine the best course of action if you are seeking legal protection from an abusive spouse partner. The law firm of Jenkins & Kamin LLP stands ready to advise you and advocate on your behalf.

Jenkins & Kamin LLP is one of the most respected family law firms in Texas. The firm is noted for its “team” approach by pairing skilled attorneys, paralegals, and other support staff to enhance each client’s experience in difficult life transitions.

In addition to the “team” approach, Jenkins & Kamin, LLP strives to personalize case strategies for each individual client, including identification of every particular legal issue and effective explanation of the law with respect to those issues.  The firm endeavors to achieve a resolution that is appropriate for each client, while aggressively advocating on their behalf when necessary. Having a dedicated and experienced team working with you in any family law matter is of utmost importance to achieve the best result possible.

Jenkins & Kamin LLP represents clients in the following aspects of family law practice: Marital Property Agreements, Divorce, Complex Property Issues, Child Custody & Visitation, Child Support, Parentage, Modifications, Domestic Violence Issues, Family Law Appeals, and Dispute Resolution Alternatives. To learn more about the firm, visit www.jenkinskamin.com or contact one of our offices in the greater Houston area.