Protective Orders

Dallas County Divorce Lawyer

Texas Family Violence Protective Orders

There are three types of family-violence protective orders that can be granted under the Texas Family Code and Texas Code of Criminal Procedure: (1) temporary ex parte protective order, (2) a final protective order, and (3) a magistrate’s order for emergency protection.

Temporary Protective Orders

A temporary ex parte protective order is available when there is a clear and present danger of family violence. Unless the ex parte order seeks to remove the opposing party from the home, no court notice or hearing is required prior to issuance. An ex parte protective order lasts for 20 days and is generally enforceable under civil methods.

Final Protective Orders

A final protective order is available when the court finds that family violence occurred and is likely to occur in the future. Notice and hearing is required to be provided to the other side and lasts for two years. Enforcement of a final protective order is done through both civil and criminal methods.

Emergency Protective Orders under Texas Family Law

A magistrate’s emergency order is available when one spouse was arrested for family violence, sexual assault, aggravated sexual assault, or stalking. No notice or hearing is required for a magistrate’s emergency order. A magistrate’s emergency order lasts at least 31 days but no more than 61 days. However, a magistrate’s order lasts at least 61 days but no more than 91 days if there was an arrest for family violence that also involved the use or exhibition of a deadly weapon.

The need for a protective order could also affect decisions about child custody. Call a Dallas County divorce lawyer today.