Domestic violence is an all-too-common issue that affects couples and families throughout the United States. In Texas, if a person has been hurt or threatened with violence by someone close to them, they can seek a protective order. This order may order the alleged abuser to stay away from them, leave the house, and refrain from other forms of contact.
If a court issues a protective order, it can affect any family law cases that you may have pending, including child custody and visitation. Violation of a protective order is also a criminal offense that can lead to misdemeanor and/or felony charges. If you need to seek a protective order, our Austin family lawyers can help.
The Law Office of Jason Wright represents clients throughout the greater Austin area in all types of family law matters, including divorce, child custody and support, spousal maintenance, and more. We also help clients in protective order matters. If you are dealing with a potential protective order situation, reach out to our law firm today to schedule a consultation with an Austin protective order attorney.
In Texas, a protective order can be issued in cases where one person has allegedly been violent or threatened violence against another person. A person who has experienced domestic violence, sexual assault, stalking, or other form of violence can file a petition with the court to ask for a protective order (PO).
After a hearing, a judge may decide to issue a protective order. It may include orders for an alleged abuser to:
Depending on the facts of the case, a judge may also:
There are multiple types of protective orders, including POs related to human trafficking, stalking, sexual assault, and burglary. A victim of a crime can seek this type of protective order against the person who committed the offense against them, even if they don’t have a “close relationship” with them. A crime-related protective order can be issued for life.
In Texas family law cases, protective orders are usually issued based on an allegation of domestic or family violence. Under these laws, a person can get a protective order if another person has hurt or threatened to hurt them. To qualify, the victim (or their spouse or dating partner) must have a close relationship with the alleged victim, which includes marriage, close relatives, dating or living together, or having a child together.
In some cases, family law matters also involve allegations of sexual assault and/or stalking. If a person has been stalked or sexually abused by a current or former partner, they can still seek a protective order. This type of protective order may be issued in addition to a family violence protective order.
A protective order is a civil matter. However, violation of a protective order is a criminal offense. Depending on the situation, it could lead to a Class A misdemeanor charge (punishable by up to 1 year in county jail) or even a felony charge (punishable by 2 to 10 years in state prison).
A person who has been abused can file an application for a protective order at the courthouse in the county where either party lives or where the alleged act of violence occurs. There are two main categories of protective orders: emergency protective orders and permanent protective orders.
If the alleged abuser has been arrested for a crime of family violence or sexual assault, then the victim, a prosecutor, law enforcement officer, or even the court might decide to issue an emergency protective order (EPO). An EPO lasts for 61 to 121 days. It is meant to be temporary in nature to provide some measure of protection for a victim after an alleged assault. In some cases, an EPO is mandatory.
A permanent protective order does not necessarily mean that it will be issued for life. In cases involving family violence, the order will usually be issued for a period of 2 years. However, depending on the facts of the case, a court may decide to issue the order for a longer period (including for life). Other types of protective orders, such as for stalking and sexual assault, can be issued for life.
When a person seeks a protective order, the other party can agree in writing to the PO. This agreement must then be approved by the court. If the other party does not agree to a protective order, then the court will schedule a hearing. During the hearing, a judge will hear evidence, testimony, and arguments from both parties. Evidence in a protective order case can include statements from witnesses, police reports, photos and videos, text messages, and other documentation of the alleged abuse.
After the hearing, the court will decide whether to issue the protective order. If the protective order is issued, the judge will also decide both the length and terms of the PO. This is a very fact-based determination. For example, if the alleged abuser acts in a threatening way when under the influence, the judge might include a provision for substance abuse treatment.
If the court believes that the alleged abuser presents an immediate and serious danger to the person seeking the protective order, they may issue a temporary ex parte order. This order can be issued without hearing from the other party, and typically lasts until a full hearing can be scheduled.
If you are seeking a protective order or need to defend against one, having an experienced Austin family law attorney by your side is critical. During a protective order hearing, your lawyer can present evidence, question witnesses, and make arguments on your behalf. This can make a huge difference in the final outcome of your case.
If granted, a protective order can have an impact on any family law matter that may be ongoing with your ex or soon-to-be-ex. For example, if you are currently in a custody battle with your children’s other parent, then having a protective order issued could affect custody determinations.
When a court makes custody and visitation decisions in Texas, the overarching consideration is the best interests of the child(ren). If a family law judge finds that there has been a history and pattern of family violence, then the court cannot make the parties joint managing conservators and must name one parent the sole managing conservator The court may also put limitations on visitation, such as supervised visitation or other protective measures.
Allegations of family violence can also impact determinations related to spousal maintenance. If the paying spouse (obligor) has been convicted of or received a deferred adjudication for a family violence offense within 2 years of the divorce petition filing, then a court may award spousal support to the victim. While a protective order is not the same thing as a criminal charge or conviction, it is another reason that it is important to take these kinds of allegations seriously.
Protective orders can be issued when there is evidence of family violence, sexual assault, or stalking in a Texas family law matter. Because a violation of a PO is a criminal offense and because a PO can affect your child custody and other issues, it is critically important that you have skilled legal representation for these matters. Our law firm will help you get the best possible outcome for your protective order case.
At the Law Office of Jason Wright, we offer seasoned legal counsel to individuals and families in Central Texas. We help clients with a range of family law matters, including divorce, child custody, child support, spousal maintenance, and protective orders. To learn more or to schedule a consultation with an experienced Austin protective order lawyer, give us a call at 512-706-9662 or fill out our online contact form.
