Domestic violence, no matter which form it takes or how it manifests itself, is an extremely serious issue. Many times, the initiation of a divorce can make the tempers of abusive individuals to flare, causing them to lash out against their spouses or children. If you are in this situation, your first action should be to get you and your children to safety. This might mean calling the police, or the local domestic violence agency. Law Enforcement and domestic violence agencies can assist you in obtaining a protective order.
A protective order is a court order that limits the freedom of someone who has committed or is alleged to have committed domestic violence, sexual abuse, or stalking. It usually mandates that the offender keep a certain distance from his or her victims. Additionally, they can be forbidden from contacting or attempting to contact you, your children, your family, or your friends.
What Kind of Protective Orders Are There?
In Texas, there are three main types of protective orders. The first type is an emergency protective order, which is ordered by a magistrate after an arrest for domestic violence or other serious crime. This type of protective order usually lasts 31-91 days, however, which means that the victim needs to act promptly to request a final protective order.
Through the county attorney or a local attorney, you can also file for a temporary ex parte protective order. You will need to go to court to secure this type of protective order, which only lasts for 20 days but can be extended.
Longer-term protective orders include the two-year protective order, which is granted by judges when there is evidence of family violence, child abuse, or dating violence; there also must be evidence that the abuse will continue. Finally, there is the lifetime protective order. Despite its name, a lifetime protective order must be extended every two years as needed and as the judge deems appropriate. However, a judge may issue a protective order for life for certain crimes.
What are the Penalties for Violating a Protective Order?
Violations of a protective order in Texas can be a Class A Misdemeanor, third-degree felony, or state jail felony. The severity of the charges for violating a protective order can vary depending on the type of crime for which the order was issued, the crime that was committed while violating the order, and the terms of the protective order. Importantly, with a protective order in place, the violator can be arrested immediately if he/she is seen violating the order.
Conclusion
Fraser, Wilson & Bryan PC is a caring, compassionate Texas family law firm that understands the emotions you’re feeling if you need a protective order. If you do not know where to turn, use these resources immediately:
Stephenville, Texas, and the Cross Timbers area: www.ctfshelp.org
Granbury, Texas and Hood County: www.missiongranbury.org
Eastland County, Texas: www.eastlandcrisis.org
Weatherford, Texas and Parker County: www.freedomhousepc.org
Mineral Wells, Texas: www.facebook.com/HopeIncMineralWells/
Johnson County, Texas: www.familycrisisjc.org
Then get in touch with our firm today to get started on a free consultation for your case. Call us at 254-965-7270 or through our website here.
