In cases of domestic violence, it’s important that you do whatever
you can to protect yourself and the ones you hold dear. Every minute roughly
20 people are physically abused by an intimate partner, which adds up
to more than 10 million men and women each year according to the National
Coalition Against Domestic Violence. The Texas Department of Public Safety
reports that approximately 74% of all Texans suffer from some form of
domestic violence during their life. If you have been abused by a loved
one, it is important that you take the necessary steps to seek a protective order.
About Protective Orders
Protective orders are legal documents that either temporarily or semi-permanently
ban abusers from contacting or harassing their victims. There are several
different provisions you can request under a protective order, depending
on the situation you are in. Temporary protective orders are typically
sought for immediate relief and can last up to 20 days. General protective
orders, however, can last up to 2 years and may be renewed if and when
Protective Order Provisions
The provisions available under protective orders may include:
Counseling Provision: Under this provision, the abuser can be legally required to attend counseling
sessions, such as anger management.
Firearms Provision: The abuser will be required to hand over any firearms and will be prohibited
from purchasing any guns.
Move Out Provision: The move out provision requires the abuser to move out of the home he
or she once shared with the abused party.
No Contact Provision: Through this provision, the abuser is forbidden from making any sort
of contact to the abused party, including calling, texting, emailing,
and so on.
Peaceful Contact Provision: The peaceful contact provision is usually reserved for parents who share
a child, and it allows for only peaceful contact between the two parties.
For example, if the abuser and the abused party must discuss parenting
concerns or meet to share their child for visitations or custody exchanges,
they may do so peaceably.
Stay Away Provision: Under this provision, the abuser can be prohibited from coming within
a certain distance of the abused party. This provision may also extend
to the abused party’s place of work, home, school, or vehicle.
Potential Penalties for Protective Order Violations
If someone breaks a court-ordered protective order, he or she could face
serious penalties. Individuals caught violating protective orders could
serve up to 1 year in jail and a maximum fine of $4,000. On top of the
penalty for violating the court order, the abuser could face additional
consequences if he or she acted violently, assaulted you, or caused any
other physical or sexual harm. In cases of abuse, they could face misdemeanor
or felony charges, depending on the severity of their crimes and the damage caused.
Are you in need of a protective order against your spouse or intimate partner?
Our compassionate family law attorneys have more than 30 years of legal
experience and we have handled several cases involving domestic violence.
If you are dealing with domestic violence, we can help you seek a protective
order while you evaluate your options and figure out what to do next.
If you also wish to seek a divorce or file for sole custody of your child,
we can also help with any of those legal needs. We understand what is
at stake, and we want to help you protect yourself and your family.
To discuss your case with our family law attorney, Contact the Law Office of Kathryn Marteeny.