• Home
  • About
    ▼
    • Megan Rachel, Attorney
  • Divorce
    ▼
    • Complex Divorce
    • High-Net-Worth Divorce
      ▼
      • Asset Valuation in High-Net-Worth Divorce
    • Uncontested Divorce
    • Property Division
    • Spousal Support
    • Family Violence & Protective Orders
      ▼
      • Spousal Support and Alimony Modification
  • Collaborative Divorce
    ▼
    • The Collaborative Divorce Process
    • Reasons to Choose Collaborative Divorce
  • Child Custody
    ▼
    • Child Custody & Visitation
    • Custody Modifications
    • Grandparents Visitation and Custody Rights Lawyers
    • Paternity
    • Adoption
    • Family Law
  • Prenuptial Agreement
    ▼
    • Premarital Agreements
  • Blog
  • Contact Us
  • Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
214-396-2048

Megan B. Rachel, Attorney At Law

Family Law, Divorce, and Child Custody Law Firm

214-396-2048

  • Home
  • About
    • Megan Rachel, Attorney
  • Divorce
    • Complex Divorce
    • High-Net-Worth Divorce
      • Asset Valuation in High-Net-Worth Divorce
    • Uncontested Divorce
    • Property Division
    • Spousal Support
    • Family Violence & Protective Orders
      • Spousal Support and Alimony Modification
  • Collaborative Divorce
    • The Collaborative Divorce Process
    • Reasons to Choose Collaborative Divorce
  • Child Custody
    • Child Custody & Visitation
    • Custody Modifications
    • Grandparents Visitation and Custody Rights Lawyers
    • Paternity
    • Adoption
    • Family Law
  • Prenuptial Agreement
    • Premarital Agreements
  • Blog
  • Contact Us
  • Home
  • About
    • Megan Rachel, Attorney
  • Divorce
    • Complex Divorce
    • High-Net-Worth Divorce
      • Asset Valuation in High-Net-Worth Divorce
    • Uncontested Divorce
    • Property Division
    • Spousal Support
    • Family Violence & Protective Orders
      • Spousal Support and Alimony Modification
  • Collaborative Divorce
    • The Collaborative Divorce Process
    • Reasons to Choose Collaborative Divorce
  • Child Custody
    • Child Custody & Visitation
    • Custody Modifications
    • Grandparents Visitation and Custody Rights Lawyers
    • Paternity
    • Adoption
    • Family Law
  • Prenuptial Agreement
    • Premarital Agreements
  • Blog
  • Contact Us

threat

Texas protective orders against domestic abusers

November 5, 2014 By Megan Rachel

Texas law sets out procedures for the victims of family violence to obtain protective court orders against their assailants.

Texas laws allow family-violence victims to seek court orders protecting them from their abusers, and the numbers support the need for protective orders to keep people safer.

Texas family violence

According to the Texas Department of Public Safety or DPS, in 2012 there were almost 200,000 instances of family violence in the Lone Star State, an 11.5 percent increase over 2011. When gender was known, about three-quarters of the victims were women or girls, and about one-quarter male.  The gender numbers for perpetrators were flipped: about three-quarters were male.

The highest number of victims – as well as offenders – was 20 to 24 years old.  Almost all of the incidents fell into the category of assaults, mostly simple assault.  “Major injuries” were reported in almost 10 percent of the incidents responded to by law enforcement, with the highest numbers being internal injuries or lacerations.

More than 80 percent involved perpetrators using their hands and feet as weapons to inflict injury, as opposed to using guns or objects as weapons.  Incidents with no weapons accounted for 7.5 percent, which involved threats (still considered family violence if they create fear of imminent harm).

Texas Protective Orders Attorney

The Texas Family Code contains many complicated procedures for protective orders against family violence and dating violence.  Because of this complexity, a family lawyer can be especially helpful to an applicant seeking one.

Alternatively, an attorney with protective-order experience can vigorously defend a person against whom such an order is wrongly or unnecessarily sought, including a possible rescission or appeal if an order is issued.

A protective-order application can be filed independently in state court or in conjunction with a divorce or a suit affecting the parent-child relationship.

The law says simply that the Texas state court shall render a protective order if the judge finds a history of family violence and the likelihood that it will continue.

“Family violence” is defined as an act by the “member of a family or household” (even if not related) against another member meant to cause injury or sexual assault, or a threat of such an act that makes the intended victim fear for “imminent physical harm, bodily injury, assault, or sexual assault…”

Family violence also includes abuse of a child in a family or household by a member of that family or household, as well as dating violence.

Dating violence means the same acts or threats as described in family violence, but against another person with whom the perpetrator has or has in the past had a dating relationship, defined as a “continuing relationship of a romantic or intimate nature.”  Dating violence also extends to victims who are married to or dating a third party with whom the abuser also has or has had a marriage or dating relationship.

A victim can seek a short-term temporary protective order “ex parte” (without notice to the alleged perpetrator) for up to 20 days with the possibility of another 20-day extension.  A regular protective order requires notice to and service on the alleged perpetrator and the court has specific time limits within which to schedule a hearing.

A regular protective order can last up to two years or longer in the worst cases.  A judge can order many things such as prohibiting the respondent from taking a child or pet, or from disposing of mutually owned property; giving the victim use of the residence or other property even if jointly owned with the respondent; providing custody, visitation and child support arrangements; ordering a battering prevention program; forbidding communication or contact; and more.

Filed Under: Family Law Tagged With: court, dating violence, domestic abuse, family violence, protective order, Texas, Texas Protective Orders, threat

Primary Sidebar

Megan B. Rachel, Partner
One Cowboys Way, Suite 175
Frisco, TX 75034
214-396-2048

  • Let’s Connect
    Call214-396-2048

From The Blog

What is the Difference Between Spousal Maintenance and Contractual Alimony?

Alimony

In Texas, a spouse may be eligible for spousal maintenance if: The purpose of spousal maintenance in this situation is to allow a spouse time to obtain the education or necessary work skills to … [Read More...]

Effective Communication During and After Divorce

Effective Communication During and after Divorce

Effective communication can be difficult between couples in the best of situations. Effective communication between couples who are divorcing or have divorced can seem next to impossible. However, … [Read More...]

Footer

Megan B. Rachel, Partner
One Cowboys Way, Suite 175
Frisco, TX 75034
214-396-2048

Megan B. Rachel is located in Collin county, servicing families in surrounding areas such as, Frisco, Allen, McKinney, Plano, Denton County.

  • Facebook
  • LinkedIn
  • Twitter
Copyright © 2023 - All Rights Reserved | Web Design by The Crouch Group | Log in