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Getting a protective order might feel like a major step, but for many, it becomes the safest choice during or after abuse. These legal orders serve a clear purpose—to stop violence before it escalates. In Texas, the law gives victims a way to protect themselves, their children, and their home. If you’re considering one, you probably have a lot of questions. One of the most common is this—how long does a protective order last? The answer depends on your situation, the type of order issued, and how the court views the threat. Here’s what to know before filing.
Understanding Protective Orders in Texas for Family Violence
Protective orders offer a legal way to guard yourself or a loved one against family violence. In Texas, family violence refers to acts by one family or household member against another that aim to cause physical harm, injury, assault, or sexual assault. The law also includes threats that place someone in reasonable fear of those acts.
Texas law allows courts to provide protection when a victim faces a credible risk of violence. These protective orders come with specific conditions and can affect everything from housing to child visitation.
Can a Judge Remove the Abuser From the Home?
Judges in Texas have the authority to remove an abuser from the shared home. If you live in a house that is owned or leased jointly with the abuser, or one party owns or leases it but provides support to the other, the court may choose to exclude the abuser and allow you to stay.
To make this happen under a temporary ex parte protective order, you must prove several facts. First, you must currently live in the home or have lived there within 30 days of applying. Second, the abuser must have committed an act of family violence within the same 30-day period. Third, there must be a real and immediate threat that the abuser may commit violence again.
What Protections Does a Protective Order Include?
Restrictions on Behavior and Communication
Protective orders can block the abuser from continuing any acts of violence or harassment. If the abuser has been calling or messaging you without consent, the order can prevent all forms of contact. In situations where communication must continue, such as during a divorce or custody exchange, the order can limit only threatening or harmful messages.
Physical Distance Requirements
To keep you and your family safe, a protective order may require the abuser to stay away from your home, your child’s school, your workplace, or the homes of close relatives. The court can include multiple locations in the order based on what fits your situation.
Mandatory Counseling or Education
In some cases, the judge may require the abuser to attend counseling or educational programs related to family violence. Completion of these programs may become a condition for lifting the protective order or regaining access to children.
Protective Orders and Parenting Time
If the abuser shares children with you, a judge may include temporary custody or visitation orders within the protective order. Judges often order visitation exchanges to take place in public locations or near police stations to keep both parents and children safe.
In severe cases, judges may temporarily suspend the abuser’s visitation rights. Courts examine each case based on its details, so outcomes can vary based on the evidence and the threat level involved.
Support Payments Ordered Through a Protective Order
During a pending divorce or separation, courts can add language to the protective order that requires your spouse to pay child support or spousal support. This can help keep you financially stable while you deal with the legal process and stay protected.
Where Should You File for a Protective Order?
Texas law gives you a few options when filing for a protective order. You can file in:
- The county where you live
- The county where the abuser lives
- The county where the abuse took place
If you already have a divorce or custody case in progress, file the protective order in the same county. Make sure to inform the court clerk about the ongoing case when submitting your petition.
Keeping Your Information Private
You can ask the court to keep personal information confidential. This includes your home address, phone number, workplace location, and your child’s school or daycare. Make this request during the filing process and provide a reliable method for the court to contact you without exposing your details in public records.
Protective Orders Against Out-of-State Abusers
Texas courts must have personal jurisdiction over the abuser to issue a protective order. If your abuser lives in another state, a judge might not have that authority unless certain conditions apply.
Situations That May Establish Jurisdiction
- The abuser has close ties to Texas, such as family visits or work-related travel.
- The abuser used to live in Texas but left recently.
- The act of violence occurred in Texas.
- You filed for the protective order in Texas, and the abuser was served while physically present in Texas.
In each of these cases, the court may have enough grounds to proceed. If none apply, consider filing in the abuser’s home state. Keep in mind that this may involve travel and in-person court appearances.
Three Types of Protective Orders in Texas
Texas offers three types of protective orders related to family violence.
Temporary Ex Parte Protective Order
This type offers fast protection without the abuser present in court. Judges rely on a sworn affidavit to assess the threat. These orders typically last up to 20 days. If the abuser cannot be located in time, the judge may extend the order for another 20 days.
Final Protective Order
This order goes into effect after both parties present evidence in court. A judge can issue a final order for up to two years. In certain cases, this can extend beyond two years. These cases include:
- The abuser committed a felony during the abuse
- The victim suffered serious bodily injury
- Two or more prior protective orders were issued, and the abuser still poses a threat
Even with a long-term order, the abuser may ask the court to lift it after one year. A judge will then hold a hearing to assess the continued risk and decide if the order should stay in place, end early, or last longer.
Magistrate’s Order of Emergency Protection
Also called an emergency protective order, this type is issued after the abuser gets arrested. Criminal judges handle these orders. They usually provide immediate, short-term protection while a criminal case moves forward.
Jail Time and the Lifespan of Protective Orders
If the abuser is in jail or prison when a protective order expires, Texas law adjusts the timeline. The new expiration date depends on how long the sentence was.
- If the sentence is five years or more, the order stays valid for one year after release.
- If the sentence is less than five years, the order stays valid for two years after release.
In these situations, request a new copy of the order with updated expiration dates. This helps law enforcement enforce the order clearly and avoids confusion.
Legal Support Can Make a Difference
Dealing with abuse often brings stress and uncertainty. Protective orders can give you the safety and support needed to move forward. Knowing how the system works helps you make strong decisions and protect yourself and your family.
The Law Office of Bryan Fagan works with individuals and families across southeast Texas. If you or someone you care about needs legal guidance regarding family violence and protective orders, reach out for assistance. Help is available, and you don’t have to face it alone.
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