If you are a victim of family violence, you can file for a protective order against the abuser. Family violence includes not only physical violence but also threats, emotional abuse, and economic control. You do not have to be married to or related to the abuser to get a protective order. You can also get an order if you have a child with the abuser or if you have dated or lived with the abuser.
A protective order is a serious legal matter. Violating certain protective orders or restraining orders can be a crime. If the respondent violates the terms of the protective order, he or she can be arrested and charged with a crime.
Types of Protective Orders in Texas
There are four types of protective orders that can be issued in Texas: emergency protection orders, temporary ex parte orders, final orders, and modification orders.
An emergency protection order (EPO) can be issued without notice to the respondent if the judge believes that there is an immediate danger of family violence. An EPO expires after 14 days unless it is extended by a judge.
A temporary ex parte order (TPO) can be issued if notice to the respondent would likely result in further family violence before a hearing can be held. A TPO expires after 20 days unless it is extended by a judge or converted to a final order at a hearing.
A final order (FO) is issued after notice to both parties and a hearing. A final order cannot be issued without notice and a hearing unless the respondent waives notice and consent to entry of the FO. A final order expires two years from the date it was signed by the judge, unless it is extended by subsequent orders.
A modification order (MO) changes an existing protective order in some way, such as changing the terms of possession of or access to children, extending the expiration date, or adding or removing provisions such as those prohibiting offensive conduct or granting exclusive occupancy of certain property.
Violation of Protective Orders in Texas
It is important to remember that once an EPO, TPO, or FO has been issued, it is binding on both parties and must be obeyed until it expires or is modified by another court order. If either party violates any provision of an EPO, TPO, or FO, that person may be arrested and charged with contempt of court, which is punishable by a fine of up to $500 and/or confinement in jail for up to 180 days. In addition, if either party violates any provision concerning custody or possession of or access to children contained in an EPO, TPO, MO, or FO, that person may also be charged with interference with child custody , which is punishable as provided by Section 25.03 of the Texas penal code. If either party violates any provision concerning support contained in an EPO, TPO, MO, or FO, that person may also be charged with violation of court ordered support, which is punishable as provided by Chapter 157 of the Texas family code.
If you are experiencing family violence in Plano, Texas, you have options available to you under state law—namely filing for various types of protective orders from the courts. These include emergency protection orders (EPOs), temporary ex parte orders (TPOs), final orders (FOs), and modification orders (MOs). Each type of order has different requirements for issuance and different penalties for violation. However, all four types of orders share one common purpose: to help keep victims safe from their abusers. If you think you may need protection from family violence, please contact your local police department or county sheriff’s office immediately. They will assist you in determining whether filing for a protective order is right for your situation.