Daniel Ogbeide Law

Can You Get A Restraining Order During Divorce In Texas?

In this article, you can discover:

 Can A Family Law Attorney Help Obtain Protective Orders Or Other Protective Measures?

Family Law Attorneys can indeed help individuals obtain protective orders, primarily designed for physical abuse. It’s important to understand that protective orders are not typically granted for financial or property-related disputes. However, restraining orders can be deployed in such cases.

What Are Protective Orders And Are There Different Types In Texas?

A protective order in Texas is designed to protect family members from violence, threats, or harassment. Family members can include those related by blood or individuals involved in a dating relationship, past or present. There are two main types of protective orders in Texas:

  1. Protective Order: This is designed to shield an individual from physical violence.
  2. Stalking Protective Order: This order protects an individual from being stalked, followed, or harassed.

Do Protective Orders And Restraining Orders Serve The Same Purpose?

No, protective orders and restraining orders serve different purposes. A protective order is designed to protect someone from activities they should not be subjected to, such as physical violence or stalking.

On the other hand, a restraining order prevents someone from doing something they could legally do but is inappropriate under specific circumstances. For example, during a divorce proceeding, a parent might be restrained from picking their child up from school or daycare due to concerns about kidnapping or fleeing with the child.

How Can I Request A Protective Order In Texas?

Requesting a protective order in Texas is straightforward, but due to the technicalities involved, it is recommended that an attorney is involved in the process. The first step is to fill out an application for a protective order, attaching an affidavit that clearly states the specific reasons for seeking protection. Once filed with the courts, a court date is issued, and the respondent, or the individual defending against the protective order, is served with a citation.

What Is The Duration Of A Protective Order In Texas?

Protective orders can last anywhere between two years to a lifetime. A regular protective order, which does not involve the use of objects or weapons, is typically valid for up to two years. However, if a weapon was used during an incident of violence, the judge can impose a protective order that lasts longer than two years, potentially up to a lifetime.

Is It Possible To Modify A Protective Order In Texas?

Modifying a protective order is possible, usually initiated by the person against whom the order was issued. For instance, if the respondent violates the protective order, the victim can request an extension of the order’s duration. This might involve turning a two-year order into a three-year order or even a lifetime order, depending on the respondent’s behavior.

More Information

For more information on Protective Orders In Divorce Proceedings In TX, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (832) 345-1988 today.

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