Protective orders provide legal help for individuals in Texas who are being abused by a spouse or significant other. If you are facing abuse, it is important that you understand the specifics of each type of order; furthermore, make sure to reach out to a lawyer immediately for assistance with your case.
Temporary Ex Parte Protective Order
An ex parte order is issued by a court in order to provide a victim and the victim’s family protection from their abuser, without notification being provided to the abuser beforehand. In order for an ex parte protective order to be issued, the victim must show the court that the abuser has presented a clear and present danger of violence to the victim or their family, giving the court reason not to notify the defendant of the hearing. As mentioned in the title, this type of order is exactly that: temporary. The order will last for 20 days with the possibility of extension for another 20 days. The possibility of extension is only granted if the defendant has not yet been served.
Final Protective Order
Final protective orders are granted by the court at a hearing where both the victim and the defendant have an opportunity to be present. Generally, these orders are in effect for up to two years, with the possibility of extension under certain circumstances. After one year, the defendant may ask the court to have the order discontinued, by a showing that the order no longer needs to be in effect. A judge may grant an order for longer than two years if the defendant has caused serious bodily injury to the victim or your family member, or you have had two or more protective orders previously issued against the defendant where the judge found the defendant was violent against you or your family member.
Do You Need to File For a Protective Order? Contact Us Today for Assistance
Domestic violence or the threat of such is a serious offense that is punishable by law. If you or someone you know has been the subject of domestic violence, stalking, or assault, you have a right to seek legal assistance and get the justice you deserve. Reach out to us today at Lindamood & Robinson, P.C. in Houston and let us get started helping you with your case.