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What Are the Different Types of Protective Orders in Texas?

Posted on in Family Law

protective order, domestic abuse, restraining order, Texas, San Antonio, family law, lawyer, attorneyFor victims of domestic abuse and violence, it may appear that there is no hope for escape. However, that is not the case. The most effective way to escape domestic abuse is through a protective order. According to the Texas Council on Family Violence, a protective order is a "civil court order issued to prevent continuing acts of family violence."

There are three types of protective orders in Texas: temporary ex parte, final, and magistrate's order of emergency protection. A temporary ex parte protective order will provide a victim of domestic abuse with immediate protection. These may be obtained without the presence of the abuser in court, so long as the judge believes the abuser presents a clear danger of violence to the victim. However, an abuser cannot be arrested for violating this type of order. Temporary ex parte orders generally last for 20 days and can sometimes be renewed for an additional 20-day period. Next, we have the magistrate's order of emergency protection, sometimes referred to as simply an emergency protective order. These are issued by the criminal court after an abuser has been arrested for committing family violence, sexual assault, or stalking. This type of order is generally good for 31-61 days, but will last from 61-91 days if the abuser was arrested for assault with a deadly weapon. The third and final type of protective order is called a final protective order. These orders are effective for the time period specified in the order itself-which is typically up to two years. There are a few different circumstances, however, that will allow a final order to be effective for more than two years. The abuser may petition the court to ask for the discontinuation of the order after it has been in effect for one year. Victims of domestic violence may feel that they have no place to turn, but there is hope for safety. If you or someone you know is a victim of domestic abuse, do not go through it alone. Contact a dedicated Texas family law attorney to assist you in obtaining a protective order.

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