Katy Protective Order Lawyers

Protecting Clients from Family Violence

If you or your child is a victim of family violence, you must take immediate action to protect your family. While calling the authorities or seeking an emergency shelter are effective ways to put a temporary stop to the problem, you should obtain a protective order to help prevent future violence.

Hunt Law Firm is devoted to family law cases, and we take domestic violence very seriously. When you retain our Katy protective order attorneys, you can expect a team that will work tirelessly to defend your rights and safety. If you or your children are in danger, the time to act is now. Get started with you case by contacting Hunt Law Firm, PLLC immediately.

What is a Protective Order?

In Texas, a Protective Order is a civil court order issued against someone that has committed violence against the protected person. Although these are civil court orders, these orders have criminal penalties, including potential jail time, for violations of the Protective Order. Therefore, we consider these Quasi-Criminal Orders.

Types of Protective Orders

There are three major types of protective orders in the state of Texas: Temporary Ex Parte Protective Orders, Final Protective Orders, and Magistrate’s Emergency Protective Orders. We will be discussing the Temporary Ex Parte Protective Orders and Final Protective Orders. Magistrate Emergency Protective Orders are typically issued by a criminal court in an ongoing criminal matter involving violence against the protected person.

Temporary Ex Parte Protective Order

This type of protective order is temporary by its nature. It is issued upon a showing of clear and present danger of family violence. When this type of order is requested, there must be an emergency situation ongoing, and the applicant must be at risk of more family violence occurring. Courts accept a sworn statement contained in an affidavit establishing facts that constitute a clear and present danger of family violence. If the Court agrees that this temporary order is necessary, the Court will issue the Temporary Ex Parte Protective Order without a hearing and without notice to the Respondent. This type of Order is valid for up to 20 days and the Court will typically set a hearing for the Final Protective Order within this 20-day period.

The Temporary Ex Parte Protective Order is enforceable by civil and criminal means. A Respondent in a Temporary Ex Parte Protective Order must follow the terms of the Order issued to avoid being held in contempt.

Final Protective Order

A Final Protective Order is issued by the Court after notice to the Respondent and a hearing on the allegations. During the hearing, the Court is tasked with determining whether family violence has occurred. Prior to 2023, the law required a showing by the applicant that not only had there been an occurrence of family violence, but the applicant also had to show that family violence was likely to occur in the future. As of September 1, 2023, Texas law has removed the requirement that family violence is likely to occur in the future for an issuance of a final protective order and the applicant need only prove that one instance of family violence has occurred to be successful in their application for a protective order. 

If the Court determines that family violence has occurred, the Final Protective Order will be issued for a term of two years. However, if it is determined that the Respondent has committed one of the following, the Court may issue a Final Protective Order for longer than two years:

1. Respondent has committed an act that would constitute a felony against a member of the Respondent’s family or a household member;
2. Respondent has committed an act that caused serious bodily injury to the applicant or a member of the applicant’s household; or 
3. Respondent has had two or more earlier protective orders granted to protect the same applicant.

Protective Orders vs. Restraining Orders

In Texas, victims of family violence can protect their families by obtaining either a restraining order or a protective order.

The differences between the two are as follows:

• Restraining orders are the more well-known of the two, and are generally much easier and faster to obtain. To get a restraining order, you do not need to prove that any domestic violence occurred, nor will you need to testify in court. However, they are significantly weaker than a protective order, as they cannot be enforced by law enforcement, only by the courts.
• Protective orders, on the other hand, offer enforceable protection for you and your family. These orders can actually prohibit the offending party from even getting near your family members. If the prohibited party violates the terms of the order, they are in violation of the law and can be taken into custody.

To discuss your case with our team, schedule your initial consultation today.

What Can a Texas Protective Order Do?

In the context of family law, a protective order is issued by a court and prohibits the person named in the order from committing further acts of family violence. A Texas protective order can be effective for up to two years and can be enforced by law enforcement.

If you are a victim of domestic violence or if your children are being abused by their other parent, you can ask the court to issue a protective order against the abusive party. A protective order can have many functions, including ordering an abuser to:

• Move out of the marital residence;
• Stay away from you, your home, school, and work;
• Stop abusing you or making threats against you;
• Not contact you, or communicate with you in any way;
• Not harass you, or threaten to harass someone you know;
• Not possess or control any firearms;
• Not go near the children’s daycare, school, or babysitter;
• Not harm the family pets; and
• Not take your children away from you.

If you decide to seek a Protective Order, the abuser will be served and you will need to go to court, but you will not be alone. If pursued through the District Attorney’s office, a prosecutor will be there. If pursued privately or through the DA’s office an attorney from a private law firm can be there to guide you through the process. If the abuser agrees to stop the abuse and leave you alone, an “Agreed Protective Order” may be issued by the court.

If the abuser does not show in court, by default you may automatically receive a Protective Order. However, if he or she denies the accusations of family violence, there will be a hearing and a judge will decide whether or not to issue a Protective Order on your behalf.

Once a Protective Order is issued, if the abuser violates any of the conditions set forth in the order, he or she can be arrested and face criminal charges under Texas law.

Requirements for a Protective Order

Unfortunately, a protective order often cannot be issued unless family violence has already occurred. This is because these orders have a significant impact on the rights of the other party, and can have severe repercussions on their career and daily life.

Typically, the following will be required in order to obtain a protective order:

• Family violence must have already occurred
• You must be able to prove that violence occurred
• You must demonstrate that violence is likely to happen again

How Long Do Protective Orders Last?

The length of time that a protective order lasts depends on a variety of factors, including:

• The type of abuse
• The severity of harm inflicted
• The presence of children
• Whether or not an arrest was made
• Past abuse
• The likelihood of future abuse

Protective orders generally last for two years. However, they can be longer in certain circumstances, such as sexual assault and stalking.

What do I do if I have been served with an Application for Protective Order?

If you have been served with an application for a protective order, please contact our office at (832) 781-0320 to be connected with one of our Katy protective order attorneys to discuss your case. It is very important that you do not miss a hearing on an application for a protective order because a default judgment could be issued against you. 

What do I do if I would like to file an Application for Protective Order?

If you have been the victim of domestic violence, please contact our office today to discuss your options for obtaining a protective order against the assailant at (832) 781-0320.

Take Immediate Action to Protect Your Family

If you or your family is in danger, call law enforcement immediately. Your next step should be to contact a skilled Katy family law attorney to obtain a protective order. While emergency orders can be obtained, it will generally take a week or more for the order to be issued. For this reason, it is crucial to begin the process as soon as family violence occurs.

Hunt Law Firm is committed to providing high quality counsel to our clients, and works aggressively to defend their rights and safety. When you retain our firm, our attorneys will be the communicative, dedicated legal advocates you need during this difficult time.

Do not wait to start the protective order process. Contact Hunt Law Firm online now or by calling (832) 781-0320.