Protective Orders

PROTECTIVE ORDER ATTORNEY IN TYLER, TX

Your Compassionate Advocates in Family Legal Matters

Do you need help Getting a Protective Order or Defending Yourself From One?

In Texas, there are three types of orders of protection based on family violence:

1. Temporary ex parte protective order;
2. Final (permanent) protective order; and
3. Magistrate’s order of emergency protection (what most people call an emergency protective order).

The first two orders are issued by the civil court upon your application. The alleged abuser does not have to be arrested for you to get one of these orders. The third order is issued by the criminal court after the alleged abuser is arrested.

What is a temporary ex parte order? How long does it last?

A temporary ex parte order is a court order designed to provide a person and their family members with immediate protection from an abuser. You can get a temporary ex parte order without the abuser present in court. To get a temporary ex parte order, the judge has to believe that the abuser presents a clear and present danger of family violence to you or a family member. The judge will make this decision based upon the information you include in your application for a protective order.1

A temporary ex parte order is required to include an expiration date and lasts for that stated period of time, usually up to 20 days. The temporary ex parte order can be extended for additional 20-day periods if you request it or if the judge decides to extend it, usually due to the fact that the respondent was not yet served.

1 Tex. Fam. Code § 83.001

2 Tex. Fam. Code §§ 83.002; 85.026(d)

How long does a permanent (final) protective order last?

A permanent protective order is required to include an expiration date and is effective for that stated time period, which generally may be up to a maximum of two years. If there is no time period written on the order, then it expires on the second anniversary of the date the order was issued.1 However, the judge may issue an order for longer than two years if:

• the abuser committed an act that would be considered a felony offense involving family violence against you or a member of your family or household even if the abuser was never charged with or convicted of the offense;
• the abuser caused serious bodily injury to you or a member of your family or household; or
• the same petitioner, you or your child, had two or more protective orders issued against the abuser in the past and in each of those prior cases, the judge determined that the abuser committed family violence.2

Regardless of how long your order lasts, after the order has been in effect for one year, the abuser can file a motion to ask that the order be discontinued. (If the order lasts more than two years, the abuser can file a second motion, one year after s/he files the first motion.) The judge will then hold a hearing to determine whether there is a “continuing need for the order.” If the judge believes there is no need to continue the order, the judge can end the order earlier than the original date set. However, the fact that the abuser did not violate the order does not by itself support a decision that the order is not needed anymore.3

Note: The order can actually expire after the original expiration date if the abuser is in jail or prison when the order is set to expire or if s/he was released from jail/prison within the one year before the order’s expiration date. In either case, the order will automatically be extended as follows:

• If the abuser was sentenced to more than five years of incarceration, the order will expire on the first anniversary of the date s/he is released from imprisonment.
• If the abuser was sentenced to five years or less of incarceration, the order will expire on the second anniversary of the date s/he is released from imprisonment.4

In either case, you can request a new order from the court showing the extended expiration date to make it easier to for the police to enforce the order in case the order is violated after the expiration date written on the original order.

1 Tex. Fam. Code §§ 85.025(a); 85.026(d)

2 Tex. Fam. Code § 85.025(a-1)

3 Tex. Fam. Code § 85.025(b), (b-1), (b-2)

4 Tex. Fam. Code § 85.025(c)