Protective Orders

Those who have experienced domestic violence or are at immediate risk of becoming a victim are urged to contact the National Domestic Violence Hotline by calling (800) 799-7233 or visiting thehotline.org. Representatives can help people get to safety. Then individuals should obtain protective orders, which lawyers can provide.

About protective orders

Protective orders can defend people from those who might wish to cause harm. Realizing a loved one could be dangerous and needing this type of help is often emotional. The professionals at Stallings Family Law are sensitive to these needs while prioritizing our clients’ safety. Deciding to take legal actions against someone who has threatened or caused harm can be terrifying, but it is the right choice. Those struggling with the decision to pursue legal action are strongly urged to seek legal counsel and forge a healthy alliance to gain freedom from tyranny.

Texas law allows people to request temporary ex parte or general protective orders. The former lasts up to 20 days and the latter lasts up to two years. Both can be issued for circumstances such as stalking, sexual assault and family violence, which includes serious threats perpetuated against relatives, whether by blood or marriage, and anyone else residing in the same household.

Filing protective orders

Any adult household member can file a protective order, but this person needs to do so through the courts. Protective orders must include the following statements:

FAM § 85.026. WARNING ON PROTECTIVE ORDER.

(a) Each protective order issued under this subtitle, including a temporary ex parte order, must contain the following prominently displayed statements in boldfaced type, capital letters, or underlined:

“A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN JAIL FOR AS LONG AS SIX MONTHS, OR BOTH.”

“NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER.”

“IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION.”

“A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS.”

(b) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 632, Sec. 6(2), eff. September 1, 2011.

FAM § 82.004. Contents of Application

An application must state:

(1) the name and county of residence of each applicant;

(2) the name and county of residence of each individual alleged to have committed family violence;

(3) the relationships between the applicants and the individual alleged to have committed family violence;

(4) a request for one or more protective orders; and

(5) whether an applicant is receiving services from the Title IV-D agency in connection with a child support case and, if known, the agency case number for each open case.

FAM § 82.009 Application for Temporary Ex Parte Order

(a) An application that requests the issuance of a temporary ex parte order under Chapter 83 must:
(1) contain a detailed description of the facts and circumstances concerning the alleged family violence and the need for the immediate protective order; and
(2) be signed by each applicant under an oath that the facts and circumstances contained in the application are true to the best knowledge and belief of each applicant.
(b) For purposes of this section, a statement signed under oath by a child is valid if the statement otherwise complies with this chapter.

FAM § 81.002, No Fee for Applicant

An applicant for a protective order or an attorney representing an applicant may not be assessed a fee, cost, charge, or expense by a district or county clerk of the court or a sheriff, constable, or other public official or employee in connection with the filing, serving, or entering of a protective order or for any other service described by this subsection, including:
(1) a fee to dismiss, modify, or withdraw a protective order;
(2) a fee for certifying copies;
(3) a fee for comparing copies to originals;
(4) a court reporter fee;
(5) a judicial fund fee;
(6) a fee for any other service related to a protective order; or
(7) a fee to transfer a protective order.

Filing protective orders is free. The court will set a hearing within two weeks to handle the process quickly. Ex parte orders would be effective immediately.

 

Types of protection

Protective orders aren’t always between adults. They can also prevent abusive parents from contacting children. In protective orders, the court may prohibit contact between parties or bar someone from visiting a particular place. Orders can be formulated to fit individual needs.

A piece of paper cannot make a person safe, but it gives someone the right to call the police when orders have been disregarded. Protective order violation is a crime, and police will arrest offenders, who will either need to pay fines and/or serve jail time. The punishment is more severe when violence has been committed.

We can determine the situation’s proper order and stay informed on how the courts can help individuals and their loved ones stay safe. Family violence is both terrifying and heartbreaking, and we want to help. Call today to start the healing process.

 

FAM § 85.026. WARNING ON PROTECTIVE ORDER. 

(a) Each protective order issued under this subtitle, including a temporary ex parte order, must contain the following prominently displayed statements in boldfaced type, capital letters, or underlined:

“A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN JAIL FOR AS LONG AS SIX MONTHS, OR BOTH.”

“NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER.”

“IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION.”

“A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS.”

(b) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 632, Sec. 6(2), eff. September 1, 2011.

FAM § 82.004. Contents of Application

    • An application must state:
    • (1) the name and county of residence of each applicant;
    • (2) the name and county of residence of each individual alleged to have committed family violence;
    • (3) the relationships between the applicants and the individual alleged to have committed family violence;
    • (4) a request for one or more protective orders; and
    • (5) whether an applicant is receiving services from the Title IV-D agency in connection with a child support case and, if known, the agency case number for each open case.

FAM § 82.009 Application for Temporary Ex Parte Order
(a) An application that requests the issuance of a temporary ex parte order under Chapter 83 must:
(1) contain a detailed description of the facts and circumstances concerning the alleged family violence and the need for the immediate protective order; and
(2) be signed by each applicant under an oath that the facts and circumstances contained in the application are true to the best knowledge and belief of each applicant.
(b) For purposes of this section, a statement signed under oath by a child is valid if the statement otherwise complies with this chapter.

FAM § 81.002
No Fee for Applicant

An applicant for a protective order or an attorney representing an applicant may not be assessed a fee, cost, charge, or expense by a district or county clerk of the court or a sheriff, constable, or other public official or employee in connection with the filing, serving, or entering of a protective order or for any other service described by this subsection, including:
(1) a fee to dismiss, modify, or withdraw a protective order;
(2) a fee for certifying copies;
(3) a fee for comparing copies to originals;
(4) a court reporter fee;
(5) a judicial fund fee;
(6) a fee for any other service related to a protective order; or
(7) a fee to transfer a protective order.

Free Case Review

Please complete the form below, providing the details of your situation, so we may determine how best to serve you.