Family Violence Protective Orders In Dallas County
Last updated on August 13, 2024
The Texas Family Code protects victims of family and dating violence. If you have been physically or sexually abused by your partner or spouse, boyfriend or girlfriend, or if your children have been the victims of such abuse, Texas law protects you. Under a family violence protective order, the abuser must stay away from the abused, including the imposition of a “kick-out” order, which says the abuser must move out of the family residence. Such protective orders are usually for two years, and can be vital in protecting the safety of you and your loved ones.
Jon and Liz can help you with:
- Prosecuting and obtaining family violence protective orders
- Defending against the imposition of a family violence protective order
Jon and Liz have extensive experience in prosecuting family violence protective orders in Dallas County, Texas. In one recent case, Jon obtained a two-year family violence protective order against his client’s husband after he physically assaulted her in their home. The client was also awarded her attorneys’ fees, and the husband was kicked out of the house. In another recent case, Liz obtained a two-year family violence protective order against her client’s ex-husband, who had been physically abusing their child. The Court also awarded Liz’s client all attorneys’ fees in that case.
Because of Jon’s and Liz’s extensive experience prosecuting these types of cases and handling divorces, they are also strong advocates for anyone defending against a family violence protective order.
Family Violence Protective Orders FAQs
Here are answers to some common questions about family violence protective orders:
What is the difference between a family violence protective order and a restraining order in Texas?
A family violence protective order is specifically designed to protect victims of family and dating violence, or human trafficking. It compels the abuser to stay away from the victim and can include provisions such as a “kick-out” order requiring the abuser to leave the family residence.
A restraining order is a broader legal tool used in various situations to maintain civility or the “status quo” while a legal proceeding plays out. They’re typically used, for example, in divorce cases – but they are not part of criminal cases.
What does a protective order do in Texas?
A protective order can prohibit the abuser from committing further acts of violence, communicating with the victim and going near the victim’s home, workplace or school. Violating any of these conditions can lead to criminal charges and arrest.
Will my husband know that I asked for a protective order?
Yes, your husband will be notified if you request a protective order. The process requires that the abuser be served with notice of the ex parte protective order application and given an opportunity to attend a court hearing before the final order is issued. This allows both parties a chance to present their case to the judge.
What do I do if my husband violates the protective order?
If your husband violates the protective order, contact the police immediately. Violating a protective order is a criminal offense in Texas, and the abuser can be arrested and charged. Also, inform your attorney about the violation so they can take further legal action. It is important to document any violations and keep a record of all incidents to support your case.
We Are Here To Protect What Matters Most To You
For legal counsel concerning family violence protective orders, contact our law firm online or by telephone at 214-347-8568 to set up an initial consultation.