How does a protective order work in Texas?
Family violence, also known as domestic violence, refers to an act or threat by one member of a family or household against another member. It can include physical abuse, sexual abuse, emotional abuse, child abuse, financial abuse or threats of abuse.
The courts in Texas take claims of domestic abuse very seriously, and the court can intervene to help victims of abuse. If you or your family members are being victimized by any type of abuse, it’s very important to seek out the protection you need.
One way to do this is by asking the court to issue a protective order (also known as a restraining order). This court order can be issued against abusive family members or other abusers who live in the same household.
Protective orders can also be put in place even if you are no longer living with your abuser but he or she is still a threat. They can help to eliminate scary situations when you pick-up or drop-off your children.
A protective order works by ordering your abuser to stay away from you. Your local police department or county constable and sheriff are notified when the protective order is issued, and they can intervene if your abuser violates the order in any way.
Law enforcement will respond immediately after you let them know about the protective order violation, and your abuser could be arrested. Multiple violations of the order could result in felony charges and/or jail time.
Although you don’t need a lawyer to ask the court for a protective order, having one on your side can help ensure that the court understands the danger that you are in and takes your claims seriously.
If you or your children are being abused, know that help is available. Lawyers at our Houston offices would be happy to meet with you and go over your rights and options.