What Are Domestic Violence Protective Orders in Texas?

A restraining order is a legal directive requiring someone to do or not do certain things. People often seek such orders during civil lawsuits or other proceedings to specify what the concerned parties can or cannot do.

Lawyers from a law firm in Montgomery explain that in the case of domestic violence, restraining orders are known as protective orders. The rules and regulations surrounding domestic violence protective orders are encompassed in the Family Code Statute Title 4(b), Chapter 85(a).

Types of Protective Orders

If you’ve been accused of domestic violence, the victim could request to be issued with a protective order against you. In Texas, there are three types of protective orders:

  • Temporary ex parte protective order: Domestic violence defense attorneys in The Woodlands explain that if a judge believes you present a clear danger of being an abuser, they can issue a temporary ex parte order to provide immediate protection to the victim. The order bars you from contacting the victim and is valid for 20 days but can be renewed. 
  • Permanent protective order: The order can be valid for two years or more, but depending on the case specifics, you can file a motion requesting it be discontinued after one year of being in force. 
  • Emergency protective order: It is also known as a magistrate’s order of emergency protection and is a “stay away” order issued by a criminal court after your arrest for family or domestic violence, sexual abuse, sexual assault, human trafficking, stalking, or indecent assault. It lasts for 31 to 61 days or up to 91 days if a deadly weapon is involved. 

What Are the Provisions of a Protective Order?

Domestic violence defense lawyers in The Woodlands say that it’s crucial to understand the contents of a protective order and how they affect you. Violating the orders can cause more legal problems with the justice system, so adhering to them would be in your best interests. Some standard provisions are:

  • A “no contact” order that prohibits you from emailing, calling, texting, hitting, stalking, attacking, or disturbing the victim 
  • A “move out” order that requires you to move out of the home you share with the alleged victim
  • A “stay away” order that requires you to remain a given distance away from the victim, their home, place of work, school, or car
  • A “peaceful contact” order that allows you to communicate with the victim peacefully for purposes such as child visitation or parenting time. 

The scope of a protective order can extend to the victim’s children, pets, and current romantic partners. Depending on the circumstances of the charges against you, some protective orders may prohibit you from possessing or carrying a firearm, even with a license. A court could also require you to 

  • Attend counseling or anger management classes
  • Submit to drug testing 
  • Enroll in substance abuse programs
  • Pay child support 

What Happens at a Protective Order Hearing?

The court decides whether or not to issue a protective order during a hearing in which the person seeking protection and the alleged abuser provide testimony and evidence. While the hearings are civil, they can be held in a criminal court and are mandatory for a permanent protective order but not for a temporary or 31-91-day emergency order.

If someone is seeking a protective order against you, consider engaging experienced domestic violence defense lawyers in Montgomery. They can help you understand your rights and explore the available legal avenues to minimize the impact of a protection order on your life. They can also advise on the effect of the hearing on your legal defense later in a criminal trial.

Requirements for Domestic Violence Protective Orders

One of the requirements for a protective order to be issued to a domestic violence victim is establishing that family violence has occurred and is likely to occur again if the order is not granted. The applicant has the burden of proof, which involves a “preponderance of evidence” favoring them.

This level of proof is a lesser burden in civil proceedings than in criminal trials, where your accuser must provide proof “beyond a reasonable doubt.” Your lawyers can help you understand these legal nuances and how they can affect your defense.

What Happens if I Violate a Protective Order in Texas?

Once a protective order has been issued against you, it’s paramount that you adhere to it. Failure to honor a general court order can cause the court to issue a warrant of arrest. In the case of violating a protective order for domestic violence, you risk severe criminal charges along with contempt of court charges.

The penalties for these criminal charges depend on the case specifics, such as the severity of the violation and whether you have previous transgressions. If you have violated a domestic violence protective order, talk to criminal defense lawyers in The Woodlands for legal insights.

A Skilled Domestic Violence Defense Attorney Providing Legal Guidance on Protective Orders

The stakes are high if you are facing domestic violence charges and a protective order has been issued against you. The order could mean moving out of your home and not coming near your family and loved ones for a long time, which could affect you in many ways. Contact The Woodlands domestic violence defense lawyers for legal guidance and support.

At Morgan Bourque, Attorney at Law, there is no fight that is too big or small for us to take on. Our seasoned lawyers can evaluate your case and help you protect your rights and future. We know how the system works and will put our best foot forward to beat domestic violence charges. Call us at 713-766-3733 to schedule a FREE case evaluation.