If you are suffering from abuse, you may be wondering if you need a protective order. A protective order is a legal document that can offer protection from an abuser. In the state of Texas, there are different types of protective orders. Some include emergency protective orders, temporary ex parte protective orders, and final protective orders. If you are suffering from abuse, read on to learn more about how to tell if you need a protective or restraining order.
Warning Signs of Abuse
Abuse can take many forms, but there are some warning signs of abuse that are common across most types of abuse. If you are experiencing any of the following warning signs of abuse, you may need a protective order:
- Your partner or spouse threatens or hurts you physically
- Your partner or spouse prevents you from coming and going freely
- Your partner or spouse controls all the money in the household
- Your partner or spouse tries to control what you do, who you see, or where you go
- Your partner or spouse scares or hurts your children
- You partner or spouse has threatened to kill you or themselves
- You feel like you are always walking on eggshells to avoid making your partner angry
If you are experiencing any of these warning signs of abuse, call the National Domestic Violence Hotline at 800-799-SAFE (7233) to speak with someone who can help assess your specific situation and connect you with resources in your area.
How a Protective Order Can Help
If you are suffering from abuse, a protective order can offer much-needed protection from your abuser. A protective order is a legal document that orders an abuser to stop their abusive behavior. Emergency protective orders, temporary ex parte protective orders, and final protective orders are all types of protection orders that can be obtained in the state of Texas.
An emergency protective order is the quickest type of protection order to obtain. It can be obtained without notice to the alleged abuser and is effective immediately upon service. An emergency protection order lasts up to 20 days or until a hearing for a temporary ex parte protection order is held, whichever comes first. You do not need an attorney to file for an emergency protection order; court staff can assist you in filing for this type of protection order.
Then there’s the temporary ex parte protection order which requires notice to the alleged abuser and has a hearing date set for both parties within 14 days after the order is issued by the judge. Like an emergency protection order, a temporary ex parte protection order is effective immediately upon service. However, this type of protection order only lasts until the hearing date set by the judge; at which point both parties will appear before a judge and present evidence as to whether or not the temporary ex parte protection should become a final protection order. If granted by the judge, a final protection order will last up two years; however, it can be renewed prior to expiration.
If you need legal help with the process on how to get a protective order or other family law matters, contact the family law attorneys at The Fox Firm for a consultation today.