How to Obtain a Domestic Violence Protective Order in Texas

August 16th, 2021 by Tad Nelson in Domestic Violence, Understanding Texas Law

There are few things more terrifying than being a victim of ongoing domestic violence. When you are a victim of domestic violence, you may constantly fear for the physical and emotional wellbeing of yourself and others in your household, including aging parents, young children, or even pets. If you are experiencing domestic violence in Texas, there is help available. Connect with our domestic abuse attorney in Texas to learn more about organizations and resources that exist to help domestic violence victims, and to learn how to obtain a domestic violence protective order in our state.

What Is a Domestic Violence Protective Order?

A domestic violence protective order is a type of restraining order that is available for domestic violence victims. Through a protective order, the abusive party may be required to:

  • Stop committing any acts of violence;
  • Stay away from your home, school, or place of work;
  • Refrain from coming in contact with your children;
  • Stop all communication with you;
  • Complete a battery intervention program;
  • Surrender any firearms;
  • Evacuate a shared home;
  • Pay temporary spousal support, child support, or both.

How to Get a Domestic Violence Protective Order

In order to get a domestic violence order of protection, you will need to prove that you are a victim of family violence. Under the law, a family member is considered to be someone to whom you are married, related to by blood, sharing a household with, related to by marriage, were married. You can also get a protective order against someone with whom you had a dating relationship.

You’ll need to prove that this person caused or intended to cause physical harm, bodily injury, assault, or sexual assault, or the threat of harm. 

To get your protective order, you’ll need to file a request for the order at the courthouse. When filling out the forms, be specific about the violence and threats of violence that have occurred. After you file these forms, a judge will review your petition. You can apply for an ex-parte emergency order, which can be granted without a hearing involving the defendant. Ex-parte orders only last for a temporary amount of time. To get a permanent court order, you’ll need to make sure that the petition is served to the defendant (through a process server) and attend a hearing where you present the evidence of abuse. 

Get Help With Your Domestic Violence Case Today

No one deserves to live with the fear and pain of domestic violence. If you are experiencing domestic violence in your home, you have legal rights. At the office of Tad Nelson, our experienced domestic violence attorney can help you to seek a domestic violence protective order in our state. Serving Houston, Galveston, League City, and the surrounding area, our domestic abuse attorney will aggressively advocate for you. Call our domestic violence attorney today to get the help you need fast.

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