Obtaining a family violence protective order

On Behalf of | Jul 29, 2022 | Temporary Restraining Orders

Domestic abuse is a serious problem in Texas, as well as nationwide. Although divorce or separation may be available options for domestic violence victims, sometimes something more immediate is necessary.

A family violence protective order prevents your abuser from harassing or threatening you and orders them to stay away from you. They cannot be physically present wherever you are, including at home or at work.

What do I have to show to get an order?

To obtain a family violence protective order, you must show that violence has occurred and is likely to continue. The best way to show this is through details and documentation.

When you apply for an order, be ready to provide specific dates that the abusive incidents occurred and state exactly what happened. Take pictures of any injuries and bring copies of any prior police reports you filed.

Threats and harassment are not always verbal. People today frequently communicate through text messages or other written forms of communication. Bring copies of any threats or harassment made in writing.

It is important to apply for a family violence protective order as soon as you can after an abusive incident occurs. You are trying to show that you are in immediate danger from your abuser, and this is harder to show as more time passes.

What else can the order do?

You might need the family violence protective order for immediate relief from your situation, but a straight no-contact order is not always practical. This is especially true if you share minor children with your abuser or rely on them for financial needs.

Texas law takes these situations into consideration. A family violence protective order can contain custody terms or order child or medical support payments.

Depending on the circumstances, you may want the order on a temporary basis, if you are hoping to potentially reconcile in the future. An order can contain terms that your abuser must submit to drug tests or attend anger management classes.

Speaking with an experienced family law attorney before applying for a family violence protective order might be helpful. You can receive advice on your chance of success and guidance through the process.