Divorce is hard enough without fear and abuse to make things even worse. If you are worried about your safety, your children’s safety, or your spouse’s threats, then you should know that there are legal protections in place. In Texas, there are protective orders you can request from a court to help keep you and your family safe. A Texas divorce lawyer from Stange Law Firm, PC, can help you keep your family safe.

What Is a Protective Order in Texas?

In the state of Texas, a protective order is a type of court order that is designed to protect the victim from the perpetrator of family violence, dating violence, stalking, or harassment. A protective order can bar a spouse from threatening or hurting you, your children, or themselves. The order can prohibit communication or visiting your home, workplace, or children’s school.

The court may also restrict an abusive spouse from owning firearms or other weapons. Protective orders are sometimes filed in district or family court, such as the Harris County Civil Courthouse in Houston, or other courthouses throughout Texas. The order can be temporary or long-term, depending on the case and the evidence presented.

Sign #1: Threats of Physical Harm or Violence

Your spouse has threatened to hurt you, your children, or themselves. Making threats is, in and of itself, a family violence issue in Texas that can be addressed through a protective order. This is especially true if you believe that your spouse will or may act on the threats. Statements that your spouse has made directly to you, in texts, emails, voicemails, or in arguments or fights, can all be used as evidence of the threats.

Sign #2: Physical Abuse or Intimidation

Physical abuse can take many forms. If your spouse has pushed, hit, grabbed, restrained, or blocked you from leaving, you may have the evidence needed to support a protective order request. Physical intimidation, like towering over you, punching walls, or throwing things, can also be classified as physical abuse. In a divorce, the Texas court takes any physical abuse of a spouse or children very seriously, even if it is a one-time incident.

Sign #3: Constant Harassment

Persistent unwanted contact, even if it is not physical, can quickly become a serious safety concern. Calls, texts, showing up unannounced, following you, tracking your location, or constantly checking in via email, social media, or other online contact may meet the legal definition of harassment or stalking in Texas.

This behavior is often the most common complaint during divorce when the couple has not actually lived together. If your spouse is engaging in this type of behavior, a protective order is a legally enforceable way to stop it and create clear boundaries for contact.

Sign #4: Behavior Gets Worse as the Divorce Progresses

The marriage rate in Texas is 5.8 per 1,000, with a divorce rate of 2.1 per 1,000, many of these being highly emotional. Divorce is an emotional process, but anger, threats, or other attempts to control or intimidate you are not normal, nor are they acceptable.

If your spouse becomes more unpredictable or hostile as your divorce progresses, particularly around hearings, custody negotiations, or property division, this may be an indication that the level of danger is increasing.

Sign #5: Abuse or Threats Toward Children

If your spouse has abused, threatened, or emotionally abused your children, the time to act might be now. Child safety is of primary concern to Texas judges, and children who are witnesses to or the victims of domestic violence can be emotionally scarred for years.

The court can include the children as additional protected persons in a protective order, it can limit or supervise visitation, or it can terminate or prevent contact altogether. When children are involved, courts will often move very quickly.

Sign #6: Fear That Stops You From Living a Normal Life

This is probably one of the most critical red flags. Listen to your feelings. If you are afraid to make everyday choices about where you will go, who you will see, or how you will talk, it might be time to get the court involved.

You do not need to have injuries or police reports to file for court intervention. Judges in Texas know that victims of abuse usually live in fear for a while before any physical injuries occur, and protective orders are designed to prevent harm before it gets out of control.

FAQs

Q: What Qualifies as Family Violence for a Protective Order in Texas?

A: Family violence, as defined by Texas law, is when a person intentionally causes physical harm, bodily injury, assault, sexual assault, or threats that cause a reasonable fear of imminent physical harm or violence. This can also be abuse that is made toward a spouse, former spouse, child, or household member, and one incident is sufficient if the court determines that further harm is probable.

Q: Can I Request a Protective Order While My Divorce Is Ongoing?

A: Yes, you can request a protective order while your divorce is ongoing. Protective orders are frequent requests in divorce cases, especially when the parties are blowing off steam. The protective order can be maintained at the same time as a divorce case and can affect temporary orders for custody, visitation, or possession of the marital home. The two issues are very closely intertwined in family court.

Q: How Long Does a Protective Order Last in Texas?

A: In Texas, temporary orders can last up to 20 days and may be extended. Final orders generally last for two years, and the court can issue longer orders in the most serious cases. The period depends on the facts of the case, previous incidents, and if the court thinks there is a need to provide continued protection.

Q: What Happens if My Spouse Violates a Protective Order?

A: It is a crime in Texas to violate a protective order. Your spouse can be arrested, fined, or sent to jail if you violate a protective order. The violation can also be used against them in a divorce or custody proceeding. Protective orders are taken seriously by the court because they are designed to prevent injuries before they happen.

About Stange Law Firm, PC

Protective orders, custody, and safety during divorce are never simple or easy. The divorce attorneys at Stange Law Firm, PC, have been handling complex cases since 2007, and we have the experience to help. We have been serving clients in Texas and many other states through our local offices. Contact us today for legal assistance.