What to Know About Restraining Orders in Texas Family Law

 Posted on January 12, 2024 in Family Law

Domestic violence is, unfortunately, common. You deserve the right to try and see if you can put a restraining order in place to stay safe. A Texas family lawyer can help you with the steps to file this.

What Qualifies as Domestic Abuse for a Restraining Order

Many types of abusive actions in intimate relationships allow victims to obtain restraining orders. Some examples of domestic violence include:

• Physical abuse - Acts like hitting, kicking, choking, and using weapons
• Sexual abuse - Forced sex acts or unwanted touching
• Emotional abuse - Threats, verbal attacks, controlling behaviors, stalking

Verbal fights and controlling actions like monitoring phone calls can support domestic violence claims along with physical attacks. Stalking behaviors and threats also often back up requests for protective orders.

Getting an Emergency Protective Order

If you experience or are threatened with violence from an intimate partner or family member, you may apply for an emergency protective order in Texas. No official filing fees or forms are required to request an emergency order. Simply go to your local court office and file the petition in writing.

To get an emergency protective order approved in Texas:

• Provide details on the recent incident(s) - What happened, when, injuries and damages
• Explain your relationship with the abuser
• Describe why you fear future violence or retaliation from this person

If granted, emergency orders take effect immediately after the abuser is served with notice. However, these short-term orders only last up to 61-91 days.

Qualifying for Longer-Term Restraining Orders

While emergency orders provide fast protection, longer-term options are available if abuse patterns span months or years in Texas. You can request standard protective orders or temporary injunctions prohibiting contact for up to two years.

To qualify, describe previous incidents as evidence of an ongoing threat from your abuser. Types of evidence include records like medical reports, photographs of injuries, police reports, voicemails with threats, witness statements, and proof the person violated past restraining orders.

Getting Legal Help

The process for obtaining domestic violence restraining orders varies. Contact a local victim advocate or attorney to understand the exact requirements and ensure applications contain the details judges want to see. Attorneys can also represent clients at restraining order hearings if an abuser contests the claims.

Contact a Collin County, TX Family Lawyer

No one deserves threats, fear, or harm from intimate partners. If faced with domestic violence, utilize legal options like restraining orders to establish boundaries and put a stop to further abuse. Texas law provides emergency solutions to get the dangerous person away immediately, and a Frisco, TX family law attorney can help you navigate the steps. Call Pfister Family Law at 972-954-6455 to see how we can potentially help based on your situation.