Deterring Domestic Violence with a Texas Protective Order

A protective order in Texas is a court order which is intended to prevent or deter future domestic or family violence, aggression, harassment, or stalking by limiting the activities of the abuser. As an important legal document and resource for victims of abuse, protective orders are available in every county in Texas, incur no application fee, and provide both deterrence against abuse and swift recourse in the event of future violations.

Terms of a Protective Order

Because the purpose of protective orders is to shield a victim from further abuse, they may contain several provisions designed to keep an abuser from continuing his or her activities. Examples of protective order restrictions include:

• An abuser may be prohibited from coming within a certain distance of the victim’s residence, workplace, school, etc.
• An abuser may be forbidden to contact the victim verbally, electronically, through the mail, or using a third party
• An abuser may be required to undergo counseling for violence or anger management
• An abuser may be required to pay child support, spousal support, medical bills, and/or attorney’s fees

Furthermore, under US Federal law, anyone who has an active protective order against them is prohibited from carrying, owning, or purchasing a firearm.

Applying for a Protective Order

The application process for a protective order is designed to be safe and convenient for victims of abuse. As such, limits on applicants are few and relaxed. For example, an application for a protective order may be filed by:

• A victim of family violence or abuse, on behalf of him- or herself
• A household or family member, on behalf of another household or family member
• Any adult, on behalf of a child victim of abuse
• A prosecuting attorney in an abuse case
• The Department of Protective and Regulatory Services

There are two types of protective order: an ex-parte protective order and a final protective order. These two “types” are essentially two successive steps in the application process.

After a protective order application is filed with the court, a judge reviews the petition, and determines in an ex-parte hearing whether or not the application has merit. The term ex-parte simply means that the hearing is conducted with only the judge, the victim, and his/her attorney present; the respondent/abuser may not even have been notified of proceedings at this point. If, after the hearing, the judge agrees that the petition has merit, he or she will issue an ex-parte protective order, which will stay in effect for up to 20 days, and schedule a date for a final hearing, usually in less than 14 days.

At the final hearing, both accuser and accused are present, and the judge will hear arguments from both sides. If the petitioner’s case stands, the judge will then issue a final protective order, which can remain in effect for up to 2 years.

Enforcing Protective Orders

In Texas, enforcement of protective orders is swift and severe, though it varies from case to case and with the type of protective order in effect. A violation of an ex-parte protective order, for example, can be punished as contempt of court with a fine and up to 6 months in jail. However, violation of a final protective order is treated as a criminal offense and the offender will be sentenced accordingly. Furthermore, final protective orders are extendable – if an offender is sent to jail, the duration of the protective order will be extended up to a year after his or her release.

In late 2007, Texas voters approved a measure known as Proposition 13, the Family Violence Amendment. This amendment states that any person who is charged with family violence or domestic abuse can be arrested and held without bail if they are in violation of a protective order.