What Do I Need to Prove to Get a Domestic Violence Protective Order in Houston?

Unfortunately, domestic violence remains a serious problem. According to the Texas Advocacy Project, an estimated one in three Texans will endure domestic abuse at some point during their life. There are legal options available to protect the victims of domestic violence. A person who has suffered abuse can seek a protective order. Here, our Houston domestic violence attorney provides an overview of the key things that you need to prove to obtain a protective order in Texas.

What is a Domestic Violence Protective Order? 

In Texas, a protective order for domestic violence is designed to protect people from domestic violence by restricting the abuser’s actions and proximity in regards to the victim. These orders can include provisions that prevent the abuser from contacting the victim, from approaching their residence, and even possessing firearms.

Know What You Must Prove: Domestic Violence Protective Orders in Texas

You cannot automatically qualify for a domestic violence protective order in Texas. However, you can get one put in place with sufficient allegations. Here is what you need to prove to get one:

• A Protected Relationship: To obtain a domestic violence protective order, the petitioner (victim) must have a qualifying relationship with the abuser. Under Texas law, these relationships include spouses, former spouses, co-parents, and people in current/past dating-like relationships.
• Evidence of Abuse: Next, you must be prepared to provide evidence of abuse or an actionable threat of abuse. Along with other things, the evidence may include medical records, police reports, photographs of injuries, and written accounts of incidents. Testimony from witnesses—family, friends, neighbors, etc—may also be relevant. Notably, evidence that the abuser has made specific threats or has a history that suggests a risk of future harm can be compelling. Further, any communications that support your claim—text messages, emails, social media posts, etc—can be relevant.

The protective order process is complicated. For domestic violence victims who are going through a very stressful time, it can be a challenging process. You do not need to go through everything alone. A top-tier Houston domestic violence attorney can help.

 Note: Domestic violence victims in Texas can seek a temporary protective order based on their allegations. In other words, if you plead sufficient allegations of domestic violence, a temporary protective order can be put in place before the abuser has a chance to respond. A full protective order can only be put in place in Texas after the abuser has an opportunity to raise a defense.

 Contact Our Domestic Violence Lawyer for Family Law Today

At Lindamood & Robinson, P.C., our Houston family lawyer provides compassionate advocacy to domestic abuse victims. If you have any questions or concerns about obtaining a protective order for domestic violence, please do not hesitate to contact us today. With an office in Houston, we provide family law representation throughout the surrounding region in Southeast Texas, including in Harris County, Galveston County, Montgomery County, Fort Bend County, and Brazoria County.

Source:

texasadvocacyproject.org/statistics