Have you or your children been a victim of domestic violence? Has your spouse filed a Petition of Divorce and has a protective order against you or is seeking a protective order? Protective orders are common in family law cases. Whether you are a spouse seeking protection, or fighting against a protective order which may bear no legal basis, The Báez Law Firm can help you. We understand how important it is to protect yourself and your family during this difficult time. Let us help you fight for your rights!
What is a protective order?
A protective order can be issued by a court to prevent continuing acts of family violence.
Types of protective orders:
There are three types of protective orders.
1) ex parte protective orders
2) final protective orders
3) emergency protective order issued by a Magistrate.
For each type of protective order, the grounds, notice requirements and duration differ. Let’s discuss each.
Temporary ex parte order:
A temporary ex parte order may be issued if there is clear and present danger of family violence. Most temporary ex parte protective orders do not require that the alleged offending party be notified. Additionally, a hearing does not typically have to be scheduled unless the applicant is asking that the alleged offender be removed from their marital home or residence. Temporary ex parte orders are valid for up to 20 days unless extended by a Judge. If the alleged offender violates a temporary ex parte order, they can be subject to civil penalties and criminal prosecution under State and Federal law.
Final protective order:
A final protective order may be issued if domestic violence has occurred and is likely to occur in the future. In order to receive a final protective order, the alleged offender must be notified and a hearing must be held. A final protective order is valid for up to two years, unless the court specifies otherwise. If seeking a final protective order that will last longer than two years, the applicant must show that the alleged offender caused serious bodily injury to the applicant, to a member of their family, or that two or more protective orders have been rendered against the alleged offender to protect the same applicant. If the alleged offender violates a Final Protective Order, they can be subject to civil penalties and criminal prosecution under State and Federal law.
Protective order issued by a Magistrate:
The Texas Code of Criminal procedure authorizes a Magistrate to issue a protective order if a person has been arrested for domestic violence. An order for emergency protection can be granted without notice to the victim or a formal hearing. An emergency protective order will be valid for at least 31 days but no more than 61 days, unless the offender committed an act of domestic violence by using or exhibiting a deadly weapon such as a knife or gun. If the offender violates an emergency protective order, they can be subject to civil penalties and criminal prosecution under State and Federal law.
If you have any questions regarding protective orders call the attorneys at The Báez Law Firm. We can help you make the right decisions for you and your family. Contact our law firm today for more information! 210-979-9777