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Orders of Protection

An Order of Protection is an order issued from the civil court to protect an individual from abuse or harassment. Such an order is available to anyone who feels they are being threatened and are in danger of their spouse, blood relatives or previous domestic partners. An order of protection is also available to protect children present in one’s home or household.

How Can an Order of Protection help?

An Order of Protection helps deter future assaults by making it clear to the abuser that they cannot come near the person who has asked for protection. In order to get an order of protection in Texas, the following must somehow be proved:

  • The person abusing you is or was in the past, a family or household member or someone you have dated.
  • Violence in some form of a physical assault or threat of physical assault has occurred.
  • Another act of violence is likely to occur again in the future.

In Texas there exists three types of Orders of Protection:

  1. Temporary Ex Parte Order-This provides immediate protection form the alleged abuser until a permanent protective order is issued after a court hearing with the abuser present.
  2. Permanent Protective Order-This order is a final order that can be enforced for up to two years, asking the abuser to put a stop to all threats and abusive behavior.
  3. Magistrate’s Order of Emergency Protection (also known as an Emergency Protective Order). This type of order is requested when the abuser is in jail and is about to be released. Such an order is good for 31-61 days.

Orders of Protection During a Divorce

Sometimes, in the midst of a heated custody battle or settlement, a spouse may out of intense emotions seek an Order of Protection even though they are not in any real danger. Though a court must be convinced of such an order, it is sometimes not possible for the court to discern the truth. If such a situation has occurred or is occurring right now, it could prevent you from accessing your records, property or even seeing your children, greatly altering the outcome of your case and your right to a fair trial. It is strongly advised in this situation for you to follow the Order of Protection, with any or all of its specified conditions, and seek the counsel of an experienced attorney as soon as possible.

Consequences for Violating an Order of Protection

Violating a valid Order of Protection may result in the following:

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