Will a Protective Order Affect My Texas Divorce?

 Posted on January 22, 2024 in Divorce

Seeking a divorce from someone who may be abusive or violent is difficult, and you may need to obtain a protective order during your Texas divorce. If you take out a protection order, it is important to know how it might affect the divorce process. Consult an experienced Texas divorce lawyer for details on obtaining a protective order and guidance for the divorce process.

How Do I Get a Protective Order in Texas?

You must file for one in court if you need to obtain a protective order in Texas. The Texas Family Code details who may be eligible to obtain a protective order, and these are typically filed by an attorney, an adult seeking protection from a spouse or another individual, or a family member with guardianship over a minor or another individual.

Protective orders in Texas may be temporary and start with a duration of twenty days with the potential to be extended up to two years. How long a protective order lasts in Texas depends on the court's findings and your situation.

How Does a Protective Order Affect My Divorce?

Taking out a protective order against someone during your divorce may impact the court's decisions. Child custody is one of the most likely things to be affected by divorce, as the court is unlikely to award significant custody to a spouse who may be proven to be violent or unable to care for their child. Sometimes, a protective order can be used to show that one spouse should have significantly more custody than the other.

Other factors that could be affected by a protective order during your divorce include the division of assets and property and the award of spousal support. It is essential to speak with your attorney as you pursue a protective order during your divorce so you are adequately informed about how it may affect your specific situation.

Contact an Austin, TX Divorce Attorney

Filing for divorce is a stressful process, and having to file for divorce while also obtaining a protective order can be even more challenging. If you believe that you need a protective order to stay safe during the divorce process, contact a seasoned Travis County, TX divorce lawyer at Powers and Kerr, PLLC to explore your options. We help you understand your next steps while providing guidance to navigate a stressful situation. Call 512-610-6199 for a consultation.