What Are Domestic Violence Protective Orders in Texas?

You may have heard of the legal term “restraining order.” But what does it actually mean? And does Texas have domestic violence restraining orders?

Let us answer those questions for you.

So, what is a restraining order?

Simply put, a restraining order is a legal order that requires someone to do or not do certain things.

Such restraining orders typically are sought during civil lawsuits or other civil court cases to specify what people can and cannot do. For instance, in a divorce proceeding, one spouse could seek a restraining order to prohibit the other spouse from selling assets or withdrawing funds from a bank account.

Texas domestic violence protective orders

In Texas, domestic violence cases do not involve restraining orders but rather comparable orders that are known as protective orders.

Police can enforce such domestic abuse or family violence protective orders, but they have no authority over restraining orders, which aren’t issued for domestic violence but rather in regard to a divorce or some other civil proceeding.

Rules and laws for issuing a domestic violence protective order in Texas can be found in the state’s Family Code statute (Title 4, Subtitle B, Chapter 85, Subchapter A).

As it indicates, a victim of domestic abuse or family violence in Texas can receive 1 of 3 types of protective orders:

Temporary ex parte protective order

If a judge believes an alleged abuser presents a clear and present danger of family violence, the judge can issue a temporary ex parte order for immediate protection.

That often prohibits the alleged abuser from contacting the apparent victim. Such orders often last for 20 days, after which they can be renewed.

Permanent (final) protective order

These protective orders can hold for up to 2 years and are technically not permanent, but they can last even longer than 2 years. However, they can also be reduced in length.

After 1 year of a protective order, an alleged abuser can file a motion seeking the order to be discontinued via a hearing on its merits.

Emergency protective order (EPO) or magistrate’s order of emergency protection (MOEP)

Unlike the first two orders, which are issued by civil courts without the alleged abuser being arrested, this “stay away” order is issued by a criminal court after the alleged abuser has been arrested for the crime of family violence, sexual assault, sexual abuse, indecent assault, human trafficking or stalking.

An EPO’s emergency protection usually lasts for 31 to 61 days. But if the alleged abuser is arrested for a family violence crime involving the use or display of a deadly weapon, the emergency order can last for up to 91 days, and the magistrate must issue it even if no one requests it.

Emergency protections can also be extended after a family violence crime that results in serious physical injury. A temporary protective order or a permanent protective order may then be sought by complainants in a family court hearing, where a family judge can enter more extensive orders.

An EPO or MOEP “stay away” protective order is issued by a criminal court when an alleged abuser has been arrested for such a crime as family violence, sexual abuse, sexual assault, stalking, human trafficking or indecent assault.

It means that the alleged abuser must stay at least a certain distance from the victim (usually 100 yards) and from their home, car, school or job.

More facets of domestic violence protective orders

Texas has even more elements of domestic violence protective orders that you should know about if you face a family violence accusation, allegation, claim or charge.

For instance, protective orders can include such provisions as:

• A “no contact” order, which means the abuser cannot call, email, text, stalk, hit, attack or disturb the victim.
• A “move out” order, which means the abuser must move out of a home shared with the victim.
• A “stay away” order, which means the abuser must remain at least a certain distance (often 100 yards) from the victim, as well as the victim’s home, car, job or school.
• A “peaceful contact” order, which allows the abuser to communicate peacefully with the victim for such things as visitation with their child.

Protective orders may also require that the abuser not possess or carry a firearm, even with a license. In addition, they may require that the abuser attend anger management sessions or other types of counseling.

A judge can also order an abuser to submit to drug testing, to attend a substance abuse treatment program and to pay medical support and child support.

Protective orders can extend to the victim’s children, roommates, current romantic partners and even pets.

Protective orders for domestic violence requirements

Requirements for a protective order for domestic violence to be issued include establishing that family violence has occurred and is likely to occur again without such an order.

The burden of proof for this involves what’s known as a “preponderance of evidence” favoring the accuser. This level of proof is a lesser burden of proof than the burden of proof for prosecutors in a criminal trial, where they are required to establish proof “beyond a reasonable doubt.”

Protective order hearings in Houston, Texas

Whether or not to issue a protective order in Texas is decided at hearings in which the applicant (the person seeking protection) and the respondent (the person being accused) provide testimony and evidence. Such hearings are civil procedures, though they may be held in a criminal court.

A hearing is required to issue a permanent, or 2-year, protective order. A hearing is not required for a judge to issue a 20-day temporary ex parte protective order or a 31- to 91-day emergency protective order.

If you face an accusation or criminal charge for domestic violence and a possible protective order hearing, you should engage an experienced domestic violence defense lawyer to explore your options.

It could be that, rather than have a hearing to fight the protective order, you may want to negotiate an agreed-upon disposition or simply default and allow the order to be granted.

Such strategies can protect your legal options in the ensuing criminal case since a protective order hearing could void your Sixth Amendment right to confront witnesses in your later criminal trial.

Even if you feel you could prevail at a protective order hearing, it might not be worth doing so if that, in turn, could compromise your legal defense in a later criminal trial. Consult your defense attorney for advice.

Penalties for violating protective orders in Texas

Failure to abide by a court order can bring a warrant for your arrest. But when it comes to violating protective orders for domestic violence in Texas, penalties are much higher than for violating restraining orders in a divorce or other civil proceeding.

Indeed, a person who violates a protective order can face serious criminal charges, along with a contempt of court charge for violating the court-ordered protection. The level of such criminal charges and penalties would depend on the circumstances of the case, such as the severity of the violation and whether there have been previous transgressions.

In one recent case, Austin police issued an arrest warrant for former University of Texas and National Football League player Earl Thomas for allegedly violating a protective order by sending threatening messages to a woman—soon to be his ex-wife—concerning her and their children, reported the Austin American-Statesman.

Get a Houston criminal defense lawyer

If you face a criminal charge for domestic violence as well as a protective order issued against you, contact experienced Houston criminal defense lawyer Neal Davis to protect your legal rights.

A seasoned criminal defense lawyer may be all that stands between you and a prison sentence with a high fine, so it’s immensely important that you act quickly to gain such legal support.

Persons who live in Houston, Harris County, Sugar Land, Fort Bend County, The Woodlands, Conroe or Montgomery County can contact the Neal Davis Law Firm for a consultation and legal review of their case.