Types of Texas protective orders

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Types of Texas protective orders

| Sep 27, 2020 | Divorce |

When violence or crime affect a family or lead to divorce, people may often feel unsafe in their own home. In order to reduce the risk of further abuse, Texas courts can issue family violence protective orders.

Most times the courts issue these on the basis of a request. When a victim files for the order, it’s in their best interest that protection comes fast. In some cases, a judge may issue an order without a request. According to Womenslaw.org, there are three types of protective orders in Texas.

Magistrate’s order

These kinds of orders tend to happen on their own as a result of criminal convictions. A magistrate can issue this on the request of the abused or a guardian after the abuser in question commits an act of family violence, sexual assault/abuse, stalking or trafficking. If the crime results in serious injury, the magistrate must issue it even if no one requests it.

Permanent protective order

Permanent orders keep the protection requirements in place for months and years at a time depending on the case. Despite the name, a permanent protective order can expire or the abuser can file to dismiss it out to a year from the orders initial effect. These provide long-term protection against abusers that cause serious injury or commit felony offenses.

Temporary ex parte order

This provides immediate protection for a victim whether it be a spouse, child or another family member. This requires proving to a judge that there is a clear and present danger for family violence in the house. According to Texas statutes, ex parte orders last for around 20 days and courts can extend them as needed. These orders focus on getting someone immediate protection before a full hearing to consider a longer order occurs.