Restraining Orders in Texas

The “typical” scene of domestic violence is a woman being physically battered by her husband. The truth, of course, is much more varied than that. Women can be abusive to their husbands, and gay people can be abusive to their partners.

Fortunately, the Texas laws regarding restraining orders (which are known in this state as Protective Orders or POs) are gender neutral: you can get one against your abuser no matter what genders the two of you are. Texas law also recognizes different forms of abuse; violence is defined as physical injury or the mere threat of physical injury. Repeated threats and verbal assault can qualify as violence.

It is normal to have mixed feelings about filing a PO against a current or former partner, even if that partner has been violent before. When a marriage ends, we often retain fond feelings for our ex-spouse, even if we are angry at them. Abused spouses may also fear retribution if their abuser is served with any kind of court order.

If you are hesitant about filing for a PO against an abusive ex or ex, please consider the following points:

• One of the most dangerous times in an abusive relationship is when the victim tries to leave. Abusers are often protective of their victims and will view any independence on the victim’s part as a threat to their authority. Even if your spouse has not been physically violent before, they may become so when you try to leave.
• A PO is not a conviction. It will not have legal consequences for your abuser unless they violate it. Violating it will be their choice, not yours.
• A PO can offer you police protection if your abuser harasses, threatens, or stalks you.

For more information about PO’s and other legal issues related to divorce, contact Austin divorce lawyers Slater, Kennon & Pugh Ltd.LLP at 512-472-2431.