Protective Orders for Family Violence in Texas: Legal Protection for Victims and the Role of Creditors in Family Law
The Texas Family Code provides crucial protection against family violence, which can be committed by both family members and outsiders who have or had a relationship with the petitioner. Protective orders, sometimes called restraining orders in other states, are legal measures designed to protect individuals from family violence. There are two key terms in this context: family violence and dating violence, which encompass a wide range of physical, sexual, and emotional abuses. If you are a victim of family violence, it’s vital to seek immediate legal counsel from a family law attorney or other competent authorities, such as the Department of Protective and Regulatory Services.
Understanding Family and Dating Violence in Texas
Family violence occurs when one family member causes or threatens to cause physical harm, injury, sexual assault, or emotional harm to another. This can include physical or sexual assault, or creating a reasonable fear of harm. On the other hand, dating violence applies to any act by one person against another in a dating relationship, which results in or threatens harm, injury, or assault. The court evaluates whether the relationship qualifies as a dating relationship based on specific parameters, such as the nature of the relationship, duration, and frequency of interaction.
Types of Protective Orders in Texas
Texas law provides three types of protective orders: temporary ex parte orders, permanent protective orders, and emergency protective orders. A temporary ex parte order is issued when immediate protection is necessary for the victim. These orders do not require notice to the abuser, ensuring the victim’s safety. The order can last up to 20 days but may be extended. A permanent protective order typically lasts for up to two years but can be extended in certain cases. Emergency protective orders are issued by a criminal court after an abuser’s arrest and can last from 30 to 60 days, depending on the severity of the offense, such as the use of a deadly weapon.
Who Can File for a Protective Order?
Any member of the household, including a child’s guardian or the victim, may file for a protective order. Additionally, Family Law attorneys, the Attorney General, or the Department of Protective and Regulatory Services can file on behalf of the victim. To obtain a protective order, the court must be presented with sufficient evidence that family violence has occurred or is likely to occur. In many cases, the victim’s testimony alone can suffice, even without a police report.
Legal Consequences for Violating a Protective Order
If family violence is proven, the court can issue a protective order that prevents the abuser from contacting or approaching the victim, visiting specific locations (like the victim’s home or workplace), possessing firearms, or engaging in harassment. In some cases, the victim may be granted exclusive possession of the home.
Violating a permanent protective order can lead to serious legal consequences, including fines up to $4,000 and up to one year in jail. If the violation involves family violence, the abuser can face felony or misdemeanor charges, with a minimum sentence of two years in prison. Violating a temporary ex parte protective order can result in fines of up to $500 and/or up to six months in jail. Notably, valid protective orders from other states are enforceable in Texas.
Protective Orders and Their Impact on Family Law Cases
As an attorney with over 25 years of experience, having previously represented debtors in over 4,000 consumer bankruptcy cases (Chapter 7 and Chapter 13), I now focus on representing creditors in Texas. In family law cases involving family violence, it’s essential for victims and creditors alike to understand how protective orders can impact the financial aspects of a divorce or separation, particularly when there is debt involved. When assets are divided in a divorce or protective order case, creditors seeking to recover what they are owed need to be aware of how the protective order process could influence the outcome of such cases.
In some instances, creditors can find themselves involved in disputes over assets or financial obligations in cases where family violence has occurred. Understanding how to navigate these sensitive situations is crucial in representing creditors who are looking to recover debts from Texas debtors while ensuring the safety and protection of those involved.
Get Legal Help for Family Violence and Debt Issues in Texas
If you are dealing with a family violence situation, a protective order, or a divorce with complex financial elements, it’s important to get legal help from a skilled family law attorney. As someone with extensive experience in both bankruptcy and creditor representation, I can help ensure your financial interests are protected while addressing any family law concerns.
