TEXAS : Restraining Order & Order of Protection Information
TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS
The Texas Family Code (Sec. 71.004) defines "family violence" as any act by a member of a family or household against another member of the family or household
Family violence also includes abuse by a member of a family or household toward a child of the family or household. Actions taken to protect yourself or your children are not family violence if the court believes they are self-defense.
Under TX law, family violence also includes "dating violence." Dating violence is defined in the Texas Family Code (Section 71.0021) as any act by an individual that is against another individual with whom that person has or has had a dating relationship and that is intended to result in physical harm, bodily injury, assault or sexual assault or that is a threat that reasonably places the individual in fear of imminent physical harm, bodily injury, assault or sexual assault.
"Dating relationship" means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature.
To determine if a dating relationship exists, the judge will consider:
You can apply for a protective order if your abuser is one of the following:
A person who has a divorce pending is eligible for a protective order. The protective order must be filed in the court in which the divorce is pending. You may also be able to get a protective order against someone who has sexually assaulted you even if they are not a family or household member (like a co-worker or neighbor).
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Temporary Ex Parte Order
A Temporary Ex Parte Order is a court order designed to provide you and your family members with immediate protection from your abuser. In order to get a Permanent Protective Order, you need to have a full court hearing with your abuser present. A Temporary Ex Parte Order will protect you from the time you file for the Permanent Protective Order until your full court hearing. You may receive a Temporary Ex Parte Order without your abuser present. The court can issue a Temporary Ex Parte Order if it decides that the information given in your application for a protective order presents a clear and present danger of family violence to either you or a family member. A Temporary Ex Parte Order lasts for the period of time specified in the order, usually until the date of your full court hearing. In most places the court will schedule a date for a formal hearing no later than the 14th day after the date the application is filed.
Permanent Protective Order
A Permanent (or Final) Protective Order is a court order that is designed to stop violent and harassing behavior and to protect you and your family from the abuser. A Permanent Protective Order is effective for the time period specified in the order up to a maximum of 2 years. If there is no time period specified in the order, then it expires on the second anniversary of the date the order was issued. If the Respondent is still incarcerated on the date that the protective order is set to expire, then the expiration date is extended for one year from his date of release.
Magistrate's Order of Emergency Protection (what most people call an Emergency Protective Order)
These are called different things in different parts of the state. They are good for 31-61 days. If you partner has been arrested for a family violence assault, you must ask for this before he is released from jail. You can ask the arresting officer (or judge) to tell your partner what he is being charged with and to set the bond.
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The purpose of a protective order is to prevent future assaults by your partner. The protective order will usually make it illegal for him to be near you, your children, your home, your workplace, and your children's school. Then you can call the police for help when he is where he is not supposed to be and the police can intervene before he assaults you or your children again.
A protective order may order your abuser to:
A judge can order the protective order to last for up to two years. Judges frequently order visitation in the protective order.
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Nothing, a protective order is free. You cannot be charged a fee for filing, serving, or entering a protective order.
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If you believe that your abuser has violated the Order of Protection, you should immediately call 911. Some parts of the protective order are enforceable by arrest -- if the police arrive and believe the abuser has violated the order, they might arrest him and put him in jail. Any protective order contains the following warning: "If a person violates the protective order in the presence of law enforcement, the abuser must be arrested immediately. In cases involving the violation of a protective order, including a Temporary Ex Parte Order, the abuser may be punished for contempt of court by a fine of as much as $500 or up to six months in jail or both. In cases of violation, excluding Temporary Ex Parte Orders, the abuser may be punished by a fine of as much as $4,000 or jail for up to one year or both."
When the police arrive, it is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case. Make sure a police report is filled out, even if no arrest is made. If you have legal documentation of all violations of the order it will help you have the order extended or modified.
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