In Texas, victims of domestic violence, as well as those who are at risk of domestic violence, can apply for help in the form of a protective order against the person who may cause them harm. A protective order granted by the court can impose many restrictions on a person’s behavior, including barring them from committing future acts of violence, communicating with or going near the person under protection, or even staying in their residence. In most cases, the court will hold a hearing with both parties to determine the appropriate restrictions. However, the court can sometimes issue a protective order ex parte, meaning without a hearing.

When Will a Texas Court Grant a Protective Order Without a Hearing?

If you are at risk of imminent violence, it may be unsafe and unrealistic for you to wait for a hearing before a protective order goes into effect. Providing notice to the other party of your petition for protection could even put you at greater risk. If you find yourself in such a situation, you can petition for a temporary ex parte protective order. You will still need to make your case to the court, either in writing or in person, that the order should be granted, and you will need to show that you are in “clear and present danger” of suffering harm. If your petition is successful, the order will take effect immediately upon the court’s approval.

Keep in mind, however, that a temporary ex parte order is more limited than a typical protective order. First of all, if you and the other party share a residence, it can be more difficult for you to secure exclusive possession of the residence through an ex parte order. Secondly, a temporary ex parte protective order only lasts for up to 20 days at a time, so if you want to protect yourself in the long term, you will need to prepare for a hearing to demonstrate your ongoing need for protection.

There are many different types of situations where a person may fear for the safety of themselves, their children, or other family members or people who live in their home. Whether a person in a family has been the victim of domestic abuse, or conflict between divorcing spouses has escalated to the point of physical violence, those who are in danger of harm can take action to address this issue and prevent a person from abusing, injuring, or threatening them. People in Texas who are in this type of situation will need to understand their options for receiving a protective order that will help keep them and their family safe.

Types of Protective Orders

Those who are in need of immediate protection can file a petition in court for a temporary protective order, which is also known as an “ex parte order.” If a judge believes, based on the information contained in an application for an ex parte order, that there is a clear and present danger that a person will commit family violence, they may issue a temporary protective order without holding a hearing. This order may prohibit a person from taking specific actions, such as committing domestic abuse, contacting the petitioner or their family members, or entering a shared residence. Temporary protective orders can remain in effect for 20 days, and they can be extended for additional 20-day periods if necessary.

In cases where a person has been arrested on family violence charges, a criminal court judge may issue a Magistrate’s Order of Emergency Protection, and this type of order is mandatory in situations where a person allegedly inflicted serious bodily injury while committing family violence or used a deadly weapon when committing domestic assault. A Magistrate’s Order of Emergency Protection can prohibit a person from committing any further acts of family violence or communicating with members of their family or household in a way that is threatening or harassing. A person may also be ordered to stay away from a family member’s home, school, or workplace, and they may be required to turn over any firearms they own or a concealed handgun license. A discretionary order can remain in effect for 31 to 61 days, while a mandatory order can remain in effect for 61 to 91 days.

Many grandparents play a crucial role in their grandchildren’s lives and in some situations, they can continue to do so even after the child’s parents have dissolved their marriage. However, this is not always true, in which case, children may be prevented by one parent from seeing their grandparents. In Texas, it is possible for grandparents to receive a court order allowing them to visit their grandchildren, although obtaining such an order can be a difficult process, especially if one of the child’s parents vehemently opposes visitation, so if you are seeking visitation with your grandchild, it is critical to contact a complex child custody lawyer who has the experience and resources to assist you.

Establishing Standing

Grandparents must have standing before visitation will be granted, which means that they must be able to prove the following:

Even when a couple chooses not to officially get married, their relationship may qualify as a common law marriage. In these cases, separating couples are still required to go through the process of divorce, so if you have questions about whether your relationship qualifies as a common law marriage and what steps you need to take to obtain a divorce, it is critical to contact an experienced complex divorce attorney who can explain your rights and responsibilities.

Common Law Marriage Requirements

Before ending a long-term relationship, couples should make sure that their union does not qualify as a common law marriage, which requires that the couple has:

This year, a number of family law-related bills will be introduced in Texas. For instance, one new bill will make significant changes to the guidelines regarding access to grandchildren. This area of the law can be complicated, so if you have questions or concerns about your visitation rights with a grandchild, it is crucial to speak with an experienced complex child custody attorney who can explain your legal rights and obligations.

Filing a Petition

Currently, Texas law allows grandparents to request access to a grandchild by either: