W. Tyler Moore, PC

Protective Orders in Family Law and other cases

Protective Orders are not just available in Family Law cases. It's pretty well common knowledge that the Texas Family Code has provisions for a protective order if the court finds that family violence has occurred and is likely to occur in the future.  In Harris County, there is one specific family law court that handles all applications for protective orders.  Family violence is an assaultive offense against a family member or a person with whom you have a dating relationship.  Any court in Texas with family law jurisdiction may enforce a protective order. Chapter 85 of the Family Code deals with these family violence protective orders.

Chapter 7A of the Code of Criminal Procedure allows protective orders to be granted for certain victims of trafficking, sexual assault or stalking.  Pay attention to the word "stalking".  That provision does NOT require a dating relationship.  

If you are served with an application for either type protective order, hire an attorney. Do NOT think you can go to court by yourself and explain it all to the judge so it will go away.  You will likely be sorely disappointed if you go alone. You may be disappointed if you hire a lawyer, but at least you have a chance.

Protective Orders under the Family Code have a max 2 year life. Under the Code of Criminal Procedure, they could be lifetime. They are very serious and have serious implications to your life.

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