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Seeking an Order of Protection

Domestic violence is a serious crime in Texas. The state does not tolerate anyone who physically abuses (this includes sexual abuse), harasses, or intimidates a family or household member, including:

  •       Spouses and former spouses
  •       Parents
  •       Children and stepchildren
  •       People who have a child in common or a blood relationship through a child
  •       People who share or used to share a home
  •       People who are dating or engaged
  •       People with disabilities

Domestic abuse victims may seek an order of protection (also referred to as a restraining order). The experienced post divorce lawyers in Arlington, TX from Brandy Austin Law Firm, PLLC. can help determine if you are eligible for this type of protection under the state’s domestic violence laws.

What Is an Order of Protection and How Do I Get One?

An order of protection is a court order that protects the holder of the order (called the petitioner) from being harmed by the person named in the order (called the respondent). There are three types of protection orders:

  •       An emergency protection order generally lasts 14 to 21 days. The alleged abuser does not have to be present when the victim petitions the court, but the court must be convinced that the victim is in danger. The court will also set a hearing date for a plenary order.
  •       An interim protection order lasts up to 30 days. It is often used to protect victims between the expiration of an emergency order and the plenary hearing. However, the court may also issue an interim order after a hearing for an emergency order.
  •       A plenary protection order lasts up to two years. The victim and alleged abuser must both be given the opportunity to testify. Even if the abuser does not show up, the victim must still be present. Once issued, the order may require the abuser to stay away from the victim’s home or workplace and to stop contacting the victim, among other things.

Violating a protection order is also a serious offense and can lead to fines and jail time.

There are several ways that victims may request protection orders. For example, you can request an order during a divorce proceeding or criminal trial involving the alleged abuser. You can also file a petition in civil court or ask a domestic violence center for help completing the required forms. But your first step should always be consulting with a dedicated post divorce lawyers in Arlington, TX.

Contact Compassionate Arlington, TX Post Divorce Lawyers for Assistance

It is imperative to seek help immediately if you are the victim of domestic abuse. The dedicated divorce lawyers in Arlington, TX at Brandy Austin Law Firm, PLLC. have extensive experience in assisting clients who are victims of domestic violence and understand just how sensitive and dangerous these situations are.

The post divorce lawyers Arlington, TX clients recommend from our firm can help you seek a restraining order against your abusive family member and offer legal guidance regarding what other legal options you may need to address. Contact our office for a free and confidential consultation.