Sometimes a separated or divorcing couple has a history of family violence. If that is the case, a court can issue a protective order to prevent future acts of violence. As stated in the Texas Code of Criminal Procedure: “Family violence is a serious danger and threat to society and its members. Victims of family violence are entitled to the maximum protection from harm or abuse or the threat of harm or abuse as is permitted by law.” If your spouse has subjected you or your children to family violence and you want to ensure the violence does not continue, an experienced Houston divorce attorney can assist you with securing a protective order, as well as with filing for divorce if that is what you desire to do.
What Is a Protective Order?
A protective order is a civil court order issued to prevent family violence. For the purposes of protective orders, family includes:
- Blood relatives or relatives by marriage
- Spouses or former spouses
- Members or former members of a household, whether related or not
- Foster parents and foster children
- Parents of the same child, whether married or not
The Texas Attorney General’s website defines “family violence” as: “Any act by one member of a family or household intended to physically harm another member, a serious threat of physical harm, or the abuse of a child.” If you or your children are the victims of family violence committed by your spouse or his or her family, let a qualified Houston divorce lawyer help protect you.
Benefits of a Protective Order
Protective orders are intended to prevent:
- Future acts of family violence
- Harassment
- Threats
- Visiting a protected child at his or her school or daycare
The above actions are criminally enforceable, meaning a violation can result in arrest. In some situations, additional provisions can also be added to a protective order, including:
- Prohibiting the transfer or disposal of certain property
- Establishing possession and visitation rights concerning a child
- Ordering spousal or child support for up to one year
- Requiring mandatory counseling
- Ordering that a property be vacated
These additional provisions are not criminally enforceable, however. Instead, you take the violator to civil court, and if he or she is found in contempt, fines and jail time may be ordered. A qualified Houston divorce attorney can help you understand your rights and remedies under a Texas protective order.
How Do I Get a Protective Order?
You must file an application in the county in which you or the offender resides. These orders are available in every Texas county. To avoid running into problems with obtaining a protective order in Texas, contact a knowledgeable Houston divorce lawyer today for assistance with the application process.
