Even though going through a divorce is never easy and is
likely to stir up unpleasant emotions at some point in the process, in most
instances spouses who are separating are able to do so without intimidation or
threats of violence.  There will be
times, however, that abuse is a reason for the divorce filing in the first
place or anger at events that unfold after the separation lead to an unsafe
environment for one of the parties involved.  
In such cases, legally enforced protection may be necessary and is
something that should be pursued quickly. 
And, it is not just warring spouses who may file for a protective order;
other blood relatives, members of your household, a relative by marriage, a
father or mother of your child, a foster parent or child, or someone with whom
you have had a romantic relationship all may face the restrictions of a
protective order if the court determines that you are at risk by their
presence.  Under Texas law, as is common
across the country, protective orders are most often granted in cases of
domestic violence or stalking.[1]


There are two different orders that can be signed by the
court:  temporary and permanent.  In the first instance, the person requesting
the order will appear before a judge and present evidence that she needs
immediate protection from someone who offers a clear and present danger.  If the argument is compelling, a temporary
order that usually lasts up to twenty days or until a full court hearing on the
matter can be scheduled will be installed.[2]  At the time of the subsequent court hearing,
a petition can be made to institute a permanent protective order.  Despite its name, this is not a legal action
that is in place for a lifetime. 
Instead, under Texas law, the permanent order is one that can be in
place for up to two years, with the abuser being given the option of arguing
before the court after one year that the order is no longer needed.  If the abuser is in prison at the time the
order goes into effect or enters prison during its duration, the order is good
for one year after his release.[3]


The steps for securing a protective order in Texas are meant
to be as simple and comfortable for the petitioner as possible.  There are no fees associated with this request,
although the court may require the person against whom the order was issued to
pay for court costs or other expenses.[4]  You can apply for the order with the district
or county attorney, a private Texas lawyer, or through a legal aid firm.  The application must be filed in the county
of residence of the victim or abuser, and there is no minimum time limit to
establish residency.  If the requested
order is associated with a pending divorce, it must be requested in the same
county in which the divorce is occurring. 
Protective orders are available in every county in the state of Texas.


You will be asked for some basic information concerning your
contact information and your relationship with the abuser and then the court
clerk will present the paperwork to a judge. 
If a temporary restraining order is granted, this decision will be made
official at the same initial appearance. 
The clerk then will issue a Notice of an Application for a Protective
Order and deliver it to the abuser.  At
the assigned hearing date, which will be within two weeks of the initial
petition, the judge will review the evidence of violence committed against you
in the past and the likelihood of this same person engaging in such violence
again in the future.  Both parties are
allowed to have Texas attorneys and witnesses in the courtroom to offer support
in the case.  It is at this hearing that
the need for a permanent protective order will be determined. 


Once the protective order is in place, the abuser will be
required to stay away from the home and workplace of the victim.  The abuser also will be told not to threaten,
harass, stalk, or commit violence against the victim.  The order also may contain provisions
requiring the abuser to continue or begin child support payments, attend counseling,
turn over firearms, stop any transfer of property that may be shared, or stay
away from the school or daycare of a child involved in the order.[5]  A violation of any part of the order, even if
the contact is consensual with the person who asked for the protection, is
considered contempt of court and may result in a fine and/or jail time.[6]


If you believe that your physical safety, or the safety of
your children, is being threatened by a spouse or boyfriend (either current or
former), you should take action to make sure that you are as safe from harm as
possible.  A protective order will keep
your abuser away, or at least result in a visit from the police if he chooses
to come around anyway.  If you are
intimidated by the paperwork process and the idea of appearing in court, an
experienced Texas family law attorney will be able to guide you through the
process with compassion and your well-being in mind.











[1]
“Violation of a Protective Order: Texas Laws and Penalties,” Texas Criminal
Defense Lawyer, http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/violation-protective-order/,
2011.





[2]
“Protective Orders,” Texas Attorney General’s Office, https://www.oag.state.tx.us/victims/protective.shtml,
May 7, 2010.





[3]
“Restraining Orders,” WomensLaw.Org,
http://www.womenslaw.org/laws_state_type.php?statelaw_name=Restraining%20Orders&state_code=TX,
2008.





[4]
“Restraining Orders,” 2008.





[5]
“Protective Orders,” 2010.





[6]
“Violation of a Protective Order,” 2011.