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Protective Orders (Domestic Violence Prohibition)

If you or your child has experienced domestic violence, it is important that you seek legal protection, and our attorneys can help you file for a protective order (on an emergency basis if necessary) to prevent further abuse. The Texas Family Code includes clear provisions for the issuance of protective orders in cases of domestic violence, and you do not need your spouse or partner to appear in court in order to obtain temporary protection.

When Can I File for a Protective Order in Texas?

Under Section 85.001 of the Texas Family Code, there are only two requirements to obtain a domestic violence protective order. You must be able to show that:

  • Domestic violence (or “family violence”) has occurred; and,
  • Domestic violence is likely to occur again in the future.

Our McKinney domestic violence lawyers have years of experience representing victims of domestic abuse in the McKinney, TX area, and we can help make sure you have everything you need to obtain protection.

Can I Seek Protection for Myself and My Children?

Yes, under Texas law, any spouse or domestic partner can file for a protective order on his or her own behalf, and parents can file to obtain protection for their children. Depending upon the specific circumstances involved, the judge may issue a protective order which includes prohibitions on:

  • Committing further acts of domestic violence
  • Making threats against or harassing you and your children
  • Communicating with you and your children
  • Going near your home or place of work
  • Going near your children’s school or daycare center
  • Stalking you or your children
  • Possessing a firearm

What is a Temporary Ex Parte Protective Order?

A temporary ex parte protective order is an order that the judge issues without your spouse or partner being present. These orders can be enforced for up to 20 days, and they are intended to provide immediate protection while you go through the steps necessary to obtain a final order for long-term protection.

If I File for a Protective Order, Will I be Able to Stay in My Home with My Children?

Yes, temporary and final protective orders can grant domestic abuse victims exclusive possession of and access to the family home. In Texas, judges can also structure protective orders to provide for possession of and access to children.

Do I Need to Call the Police Before I File for a Protective Order?

No, it is not necessary to report your spouse’s or partner’s abuse to the police in order to obtain a protective order. However, if you have any concerns about you or your children’s safety, you should call the police immediately. If you are unsure what to do, we can assist you in taking all of the steps necessary to secure protection under Texas law.

Contact Us to Speak With Our McKinney Domestic Violence Lawyers for Free

For more information about domestic violence protective orders in Texas, please contact us to arrange a free consultation with one of our experienced domestic violence lawyers. To speak with a lawyer at our offices in McKinney, TX, call (214) 726-1450 or request a confidential consultation online now.


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