Skip to content 
Protecting children of domestic violence requires more than just awareness—it demands action, strategy, and support. Texas families facing abuse have access to several legal tools designed to safeguard both adults and children from ongoing harm. At the Law Office of Bryan Fagan, we believe that knowledge is power. Today’s blog post outlines the most effective legal protections available to survivors of abuse. Whether you’re dealing with physical violence, emotional manipulation, or threats to your child’s safety, it’s crucial to understand the available options. From protective orders to emergency custody filings, each method plays a vital role in protecting children of domestic violence and ensuring their well-being in high-conflict situations.
How protective orders help shield families from domestic violence
For starters, a protective order is a court order that protects you or your children from a person who has acted violently toward your family and continues to threaten violence. The violence in question includes sexual abuse and other forms of physical harm. The person responsible for the abuse could be a spouse, ex-spouse, ex-boyfriend, or even a family member of an ex-partner. Unfortunately, several individuals may become the subject of a protective order application. You must obtain a protective order through the court. Many jurisdictions assign a specific court to handle these cases.
A protective order can be helpful—perhaps even in ways you haven’t yet considered. First, it can prohibit the abuser from hurting you or threatening to do so. It can also prevent the individual from contacting you, approaching you, or going near your children. This includes your home, workplace, or your child’s school. Importantly, a protective order may also restrict the individual from possessing a firearm. Violating a protective order can result in serious consequences, including jail time.
How can you get a protective order?
Once you understand what a protective order does, the next step is learning how to request one if you believe it could protect you and your children. If someone has hurt or threatened your child, you can seek a protective order from the court. Most people apply for one out of fear that violence may happen again. That fear is valid and often drives the decision to take legal action.
You can request a protective order if the abuser shares a close relationship with you or your children. This includes a current or former spouse, immediate family member, housemate, or the other parent of your child. Even if no close relationship exists, you may still qualify if the person sexually assaulted or stalked you.
When filing, clearly describe what the person did, why you’re seeking protection, and how you know the individual. This detailed information helps the judge evaluate your case and decide whether to issue a temporary protective order while you await a full hearing for a permanent one.
Who gets to stay in the home during a protective order process?
One of the main concerns people face while waiting for a decision on a protective order application is who will get temporary possession of the home, apartment, or vehicle. A court can issue rulings that bar the other person from entering your residence or using your vehicle. More importantly, the judge can make temporary decisions on child custody, child support, visitation, and even spousal support as part of the protective order process. These rulings often overlap with family law matters and can directly transition into a divorce or custody case, where the court fully addresses these issues.
A temporary ex parte protective order gives you immediate protection before the court schedules a full hearing. This order is only valid once a judge signs it, and the top of the first page clearly states “Temporary Ex Parte Protective Order.” Until you receive that signed document, you must still attend a court hearing to obtain a full protective order.
What to expect at your protective order hearing
You will need to testify at a court hearing to support your protective order application. Even a temporary ex parte protective order is not a permanent solution, as its name suggests. This type of order usually lasts two weeks and the court can extend it once for another two weeks. Its purpose is to give you and your children short-term protection until the court holds a full hearing.
If you want the court to issue a longer-lasting protective order, you must attend the hearing, even if the court already granted a temporary ex parte order. This hearing is usually held about two weeks after the court first reviews your application. At the hearing, the judge will decide whether to grant a final protective order and determine how long it should last. In most cases, a protective order remains in effect for up to two years, though the court may extend it beyond that in rare and exceptional circumstances.
What sort of safety plan can you set up to protect yourself and your children?
If you find yourself where you are in an abusive situation with a partner or spouse, then you need to have a safety plan in place. A safety plan is a plan that allows you to figure out how you can protect your family from harm, even if you are not yet in a position where you can leave a dysfunctional and abusive relationship. It makes good sense for you to have a safety plan in place. This way, you can approach dangerous situations with more caution, and you will not be caught flat-footed when it comes to being able to make sure that you and your children will have a minimal risk of danger in the home, even if you are in a dangerous relationship.
Planning a safe physical escape from a dangerous situation
The first phase of your safety plan would be to have a plan on how to physically escape from a dangerous situation. If you or your children are the subjects of abuse or verbal threats by your partner or spouse, then you should have a plan set up to be able to leave the situation before you are all subjected to physical harm at the hands of a dangerous person. You need to think strategically when it comes to exiting yourself from a dangerous situation.
First, you should spend as little time as possible in rooms in your home that have only one exit. Next, consider removing items from the home that are nonessential, which could also double as weapons. Also, be aware if there are actual weapons like firearms or knives that can be used to hurt you or your child. I understand that there is not much you can do when it comes to removing these items, but you can at least be aware of them and do your best to limit the time you spend in the home with these items present.
Important safety steps to take during domestic violence situations
Have the contact information for law enforcement handy. In your area, that may be a local police department, sheriff, or constable’s office. A key thing to understand is if your spouse or partner attempts to disrupt a telephone call made to 9-1-1, then he is breaking the law. You can also ensure that any injuries you suffer heal well if you seek medical attention for them.
There are free or reduced-fee clinics in areas around Houston that you can seek care from if you do not have health insurance to pay for more long-term care. You should take photos of any injuries that you suffer to be able to document them for future use. At a hearing for a protective order, you should expect to turn over evidence to the court of your injuries or those of your children. Photos are firsthand evidence of harm that you all would have suffered.
Where you will go after your spouse or partner turns violent is the next step in the process. There are violence and emergency shelters in our area that should be able to house you temporarily. The shelter has workers who can provide additional information on how to apply for a protective order. This may not be easy, but you should keep your neighbors informed of the circumstances that you are facing. Make sure they know to call 9-1-1 if they hear or see anything abnormal coming from your home. You may even be able to figure out a signal to call for “help” with a neighbor. Having a window open or the blinds up or down a certain way can be a sign for help from your neighbor is needed.
Simple safety planning steps to protect yourself at home
You can start by having your mail sent to a different address—especially if it involves legal assistance or plans to move out. Reducing your spouse or partner’s access to sensitive information limits the chances of conflict. It may be inconvenient, but if a trusted parent, sibling, or friend can receive your mail, that’s an ideal option.
During this time, avoid tipping off your spouse about safety planning that could make him suspicious or angry. A controlling or violent individual may react strongly when they sense a loss of power. Keep a low profile and act cautiously.
Also, consider making an extra set of house keys. It’s a small task, but it could be critical if you’re locked out—or locked in. Give the spare keys to someone you trust. Do the same with important documents. Just as redirecting your mail keeps your plans private, storing legal or personal paperwork at a secure location ensures you can access it without raising alarms at home.
How to document abuse and prepare for emergencies
Sometimes, our memory may fail when applying for a protective order or recalling the events that led us to consider one. In such cases, keeping a detailed journal can help. Document specific dates, times, locations, and the nature of any violent incidents involving you or your children. If you file a police report or receive any other official documentation related to family violence, include copies in your journal or log. You never know what details may become critical when applying for a protective order or seeking other forms of legal protection later.
Additionally, if possible, keep some emergency cash hidden in a place your spouse or partner does not know about. Aim for enough money to cover food, one night of lodging, or gas to reach a safe location. If you’re able to set aside more—especially over $1,000—you may want to open a separate bank account in your name to avoid accidental discovery.
Technology and how it fits in with your safety plan
All your social media should be used minimally during a time when you are at risk for violence in the home. This doesn’t mean you necessarily have to delete your profiles or anything like that. Social media can be useful to get messages out to people to make sure they know you are safe or to make them aware that you need help. However, if your spouse or significant other can access these webpages, then you need to make sure that you have passwords that are changed regularly.
Stay safe by limiting digital tracking and social media exposure
Sometimes, social media websites will automatically allow others to see where you are through location tracking. If at all possible, that is a feature that you should turn off as soon as you can. Remember that anything you put online can be read by anyone at any time. Even if you have privacy settings on your phone, you should assume that this is the case. Do not put yourself in a position where you may have to scramble to protect yourself from someone tracking your movements via social media.
Your home computer is a tough egg to crack for a couple of reasons. One, your spouse will expect to be able to use the computer at home, so it’s not as if you can change a password on there without consulting him first. The second thing I will point out is that once you start to money around with your home computer, the cat will be out of the bag, and he will know that you are planning something shortly, as far as a possible move or divorce is concerned. So, you need to be savvy about how you utilize the home computer and safety materials.
Secure your communication and change passwords regularly
You should change the password to any website that you access independently of your spouse. Email, social media, banking, etc. This is all information that you can change regularly to protect yourself and your kids. Keep track of what you are doing online, and your spouse will not be able to keep close tabs on you.
One thing that you can do to make sure that you will not be cut off from communicating with others is to buy a cheap phone and keep it in your car, your dresser drawer, or someplace that your spouse will not be aware of what you are doing. From there, you can make sure that you have numbers stored in the phone in the event of an emergency, or just memorize a few important phone numbers. Whatever you do, have a plan on how to communicate with others during a time like this. Do not rely on your “normal” cell phon,e especially if it is on a plan that you share with your spouse.
Protecting children of domestic violence should always remain the highest priority in any legal or family matter. Texas law offers crucial protections, but it’s up to parents, caregivers, and legal professionals to use them effectively. By taking swift action, seeking legal guidance, and advocating for the child’s safety, families can create a more stable and secure environment. The trauma of domestic violence doesn’t have to define a child’s future—through vigilance and support, we can make protecting children of domestic violence not just a goal, but a reality.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material that is contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law as well as about how your family’s circumstances may be impacted by the filing of a divorce or child custody case.
Other related articles
- If Domestic Violence Is Occurring in Your Home Can Your Children Be Removed by CPS?
- Domestic Violence in Texas – The Potential Impacts on You and Your Children
- What You Need to Know About Divorce in Texas with Children Involved
- How Long Do Domestic Violence Protective Orders Last?
- Family Violence: Protect Yourself and Your Rights in a Texas Divorce
- Domestic Violence: Your Safety Plan
- Who Holds the Reins? Can Children Call the Shots on Living Arrangements in Texas?
- What Are Family Violence Orders? A Concise Explanation
- How Common is Family Violence in Texas?
- What Are Unsafe Living Conditions for Children in Texas?
