Protective Orders

Understanding Protective Orders in Texas

A protective order is a court order designed to protect someone from family violence, stalking, sexual assault, or trafficking. It can prohibit an individual from contacting, threatening, or coming near the person who sought the order. Violations carry serious consequences, including arrest and criminal charges. Natalie Fowler represents clients in Georgetown, Williamson County, and Central Texas who need to obtain a protective order or who have been served with one.

Types of Protective Orders

Texas law provides several types of protective orders depending on the urgency and circumstances of the case:

Emergency Protective Order (Magistrate's Order)

An emergency protective order is issued by a magistrate, often at the time of an arrest for a family violence offense. The person seeking protection does not need to file an application -- the magistrate can issue the order on their own initiative. Emergency protective orders typically last between 31 and 91 days and go into effect immediately. If a deadly weapon was involved or the case involves a prior family violence conviction, the order must last at least 91 days.

Temporary Ex Parte Protective Order

A temporary ex parte protective order can be granted by a court without the other party being present if there is a clear and present danger of family violence. This order is designed to provide immediate protection while a hearing on a final protective order is scheduled. The court must hold a hearing on the application within 14 days, at which point both parties can present evidence.

Final Protective Order

A final protective order is issued after a full hearing where both sides have the opportunity to present testimony and evidence. If the court finds that family violence has occurred and is likely to occur in the future, it may issue a final protective order lasting up to two years. In some cases, the court can extend the order or issue one with a longer duration.

Who Can Seek a Protective Order

Any member of a family or household, or anyone in a dating relationship, can apply for a protective order. A prosecutor, DFPS, or another person can also file on behalf of the victim. This includes:

• Current or former spouses
• Parents of the same child
• People related by blood or marriage
• Current or former household members
• People in a current or past dating relationship

What a Protective Order Can Include

A protective order can contain a wide range of provisions tailored to the specific situation. Common terms include:

• Prohibiting the respondent from committing further acts of family violence
• Ordering the respondent to stay a specified distance from the applicant's home, workplace, or school
• Prohibiting direct or indirect communication, including through third parties
• Granting temporary custody of children to the applicant
• Requiring the respondent to surrender firearms
• Ordering the respondent to complete a battering intervention program

Consequences of Violating a Protective Order

Violating a protective order is a criminal offense in Texas. A first violation is a Class A misdemeanor punishable by up to one year in jail and a fine of up to $4,000. Repeat violations or violations involving certain aggravating factors can be charged as a third-degree felony. Law enforcement can arrest someone for violating a protective order without a warrant.

Defending Against a Protective Order

If you have been served with a protective order application, take it seriously. A final protective order becomes part of your record and can affect your ability to possess firearms, your custody case, your employment, and your reputation. You have the right to attend the hearing and present your side. Natalie represents respondents who believe the allegations against them are exaggerated, fabricated, or taken out of context, and she will work to protect your rights while treating the process with the seriousness it deserves.

Get Help Now

Whether you need protection from family violence or need to defend against a protective order application, time is critical. Call Fowler Legal PLLC at 512-765-5811 to speak with Natalie Fowler about your situation.