Like all states, Texas courts issue orders of protection to provide legal protections to victims of stalking, violence, harassment, and domestic abuse. Generally, the court issues temporary protective orders that last 2 days, or general protective orders that can last up to 2 years. A general protective order is also commonly known as a “restraining order.”
However, under the Texas Family Code, there are three specific (and free) protective orders that can be granted to victims of domestic violence.
You may be eligible for a protective order under any of the following conditions:
- The abuser is a family member
- The abuser is a household member
- The abuse is someone you dated/are dating
- The abuser is an ex of your romantic partner
A prosecutor or the Department of Family and Protective Services can file an application if you’re unable to do so.
Protective Order Options:
- Temporary ex parte order: This protective order provides you and your family with immediate protection from your abuser. A judge will grant you this order so long as you can prove that your abuser present a danger to you or your family. A temporary ex parte order can last up to 20 days, but it can be extended upon request.
- General or “permanent” protective order: A general protective order typically lasts 2 years unless otherwise stated by the judge. The judge may extend this order if:
- The abuser committed an act of felony violence against you or a family member
- The abuser caused physical bodily harm to you or a family member
- You’ve been granted a protective order in the past and can prove that the abuser is likely to commit violence against your family again
- Magistrate’s order for emergency protection: Also known as an “emergency protective order,” a Magistrate’s order for emergency protection may be issued by the court after an abuser has committed a criminal act of physical or sexual violence against another person. This order is automatically granted if the abuser seriously harmed their own family member. Depending on the individual circumstances of the case, this protective order can last 31-91 days.
File an Application Today
Contact the McKinney domestic violence attorney at Camille Borg Law PLLC if you require legal representation and want to file an effective application for an order of protection. Each case of domestic violence is unique, and our priority is to guarantee that you are granted the exact legal protections you require to live in comfort and safety. Each protective order has both beneficial and unfortunate caveats that need to be considered before you make a choice. When you schedule a confidential consultation, we can review your legal options and ensure you’re prepared any contingencies.