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Family violence orders offer a legal means of protecting yourself and your children from harm. When threats, harassment, or physical abuse jeopardize your safety, taking swift action is crucial. A protective order can establish clear boundaries, keeping the abuser away from your home, workplace, and other regularly visited places. It can also stop unwanted communication, such as calls or messages, that cause emotional distress. Understanding how family violence orders work and knowing the steps to obtain one empowers you to take control of your situation and move towards a safer, more secure future.
Understanding Protective Orders and How to Protect Yourself
When facing danger, you need to act quickly to keep yourself and your children safe. One of the strongest legal protections available is a protective order, which can be requested through your local county or district court. This legal order sets strict boundaries, preventing the individual from coming near you or causing further harm.
A judge grants a protective order to stop someone from committing acts of violence against you. Having this legally enforceable restriction can serve as a deterrent. If your safety is at risk, obtaining a protective order may be the most effective way to protect yourself.
What a Protective Order Can Do
A protective order places legal restrictions on the individual, helping you regain control and peace of mind.
Limits on Physical Proximity
The order prevents the individual from coming near your home, workplace, or your children’s school. These locations are where you and your children are most at risk. Restricting their access to these places reduces the chances of unwanted encounters.
Prevents Harassment and Threats
People who engage in abusive behavior often continue their actions through phone calls, emails, text messages, or social media. A protective order prohibits all forms of communication, stopping them from contacting you directly or indirectly. If specific types of communication concern you, you can include them in your request.
Stops Public Intimidation and Embarrassment
A protective order bans any behavior meant to harass, threaten, or intimidate you. If the individual has a pattern of causing distress in public, this restriction prevents them from engaging in further humiliating actions.
Extends Protection to Household Members
The legal protections apply to all members of your household, including your children. The person named in the order will be prohibited from acting aggressively toward them as well.
Who Can Be Named in a Protective Order?
Protective orders can be filed against different individuals depending on your circumstances.
Family Members
If a relative, such as a parent, sibling, or adult child, has caused harm or distress, they can be subject to a protective order. If they live in your home, the order can legally prevent them from entering.
Current or Former Partners
A protective order can apply to a current or former spouse, partner, or live-in companion. If an ex refuses to accept the end of the relationship or continues to show up at your home uninvited, legal action may be necessary.
Many protective orders are filed during divorce proceedings. Some individuals react aggressively to divorce filings, leading to harassment or threats. A protective order can provide legal protection while the divorce case is ongoing.
Friends or Relatives of an Ex-Partner
Some ex-partners involve their family members or friends in harassment efforts. If a relative, friend, or associate of your former partner has been engaging in unwanted contact, they can also be included in the protective order.
Human Traffickers and Other Dangerous Individuals
Victims of human trafficking often need additional protection. If you have been trafficked, obtaining a protective order can prevent your trafficker from continuing to exert control over you.
Requirements for Obtaining a Protective Order
Courts do not grant protective orders without evidence. Certain conditions must be met before a judge will approve your request.
Past Incidents of Family Violence
Protective orders are issued based on past acts of violence. Courts do not grant them based on fears of what might happen. If the individual has harmed you or made credible threats, you will need to provide proof.
Ongoing Threat of Harm
You must show that the risk of harm still exists. If the person has moved far away or is no longer in your life, the court may not grant the order. Judges need to see a continuing pattern of threatening behavior.
Stalking or Harassment
If the individual has been following you, tracking your movements, or repeatedly appearing at places you visit, this can support your case. Showing a consistent pattern of stalking strengthens your request.
What to Bring to Court for a Protective Order Hearing
Having strong evidence increases your chances of success. Gather the following before your court hearing.
Police Reports
If you have reported any incidents to the police, bring copies of the official reports. These documents provide solid proof that law enforcement has been involved.
Photographic Evidence
If you have pictures of injuries or property damage, bring them to court. Visual proof makes it harder for the other party to deny their actions.
Emails, Text Messages, and Social Media Messages
If the person has sent threatening messages, print copies or provide screenshots. Even if the messages do not contain direct threats, a pattern of aggressive communication helps prove your case.
Video Footage
If you recorded any incidents where the person engaged in threatening or violent behavior, this can be a powerful form of evidence. Courts often give significant weight to video proof.
Witness Statements
Testimonies from friends, neighbors, coworkers, or family members can strengthen your case. If someone else has witnessed threatening behavior, their statement can serve as supporting evidence.
Current Contact Information for the Individual
Providing their most recent address and contact details allows law enforcement to serve the protective order once it is granted.
Protective Orders Are Not Automatically Granted
Judges do not issue protective orders automatically. Simply experiencing emotional distress is not enough. Courts require concrete evidence, proper paperwork, and a formal request for a hearing.
Once a hearing is scheduled, the individual named in the order has the right to attend and present their side. If the judge grants the order, violating its terms can result in serious legal consequences, including arrest.
In conclusion, family violence orders are a vital tool for ensuring safety and protection when facing threats, harassment, or abuse. By establishing clear boundaries and preventing unwanted contact, these orders help safeguard individuals and their children from further harm. Understanding the process of obtaining a protective order is essential for taking control of the situation and moving toward a safer, more secure future. If you are in a situation where safety is at risk, seeking legal help to obtain a family violence order can be a crucial step toward protecting your well-being.
Get Legal Assistance When Applying for a Protective Order
Applying for a protective order can be overwhelming, but you do not have to go through the process alone. Speaking with a family law attorney can help you gather the necessary evidence and submit your request properly.
The Law Office of Bryan Fagan offers consultations to discuss your situation and the best legal steps to take. If you need immediate protection, contact local authorities and seek help as soon as possible.
Other Related Articles:
- Family Violence and Family Law in Texas
- What Does Family Violence Mean in Conjunction With Family Law Cases in Texas
- The Impact of Family Violence on Divorce and Custody
- Can Family Violence Render a Mediated Settlement Agreement Void?
- What a Judge Looks for in a Child Custody Case Involving Family Violence
- Preparing a Final Order in a Divorce Involving Family Violence
- Family Violence: Protect Yourself and Your Rights in a Texas Divorce
- How Common is Family Violence in Texas?
- Mental impairments, family violence and how these problems affect child custody cases
- File a Protective Order in Harris County: The Role of Protective Orders in Texas Family Violence Cases
