A Texas protective order allows for victims of family violence in Texas to gain protection for the victim, as well as for any child in the relationship. The Texas protective order laws can be found under Chapter 82 of the Texas Family Code.
The family code recognizes that there are different stages in a relationship and this can impact the way the legal system must react to the threat of violence. Beyond marriage or co-habitation, there are five different circumstances under which a protective order may be filed:
- During a divorce or child-custody proceedings
- After a divorce
- On behalf of a child to keep him or her under the court's jurisdiction
- Application filed after the expiration of the former protective order
- Application filed before the expiration of the former protective order
Allowing protective orders to have a wider-ranging impact allows for a greater level of security for the potential victims of abuse.
Of these options, it will be useful to learn about the applications related to extending a Texas protective order after an expiration. Under the statute, when you are making such an application, you have to offer the previous protective order, as well as the "threatened harm that reasonably places the applicant in fear of imminent physical harm, bodily injury, assault, or sexual assault."
Family violence in Texas is a real phenomenon and it is important to be familiar with the statutes that allow a person to extend a Texas protective order. However, the best legal defense against abuse is usually offered by an attorney familiar with obtaining protective orders and restraining orders in the local courts.
Related Resources:
- Find a Houston Family Law attorney (FindLaw)
- Mandatory Reporting of Child Abuse (FindLaw)
- Texas: Highest Child Abuse in America (FindLaw's Houston Family Law Blog)
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