When the threat of domestic violence is looming large, getting a restraining order might be the best way to protect yourself and your children. The three types of protective orders that you can file in Texas include:
- Temporary ex-parte protective order
- Final or permanent protective order
- Magistrate’s order of emergency protection
Temporary Ex-Parte Protective Order
If you have been abused or assaulted by your partner and if you believe that they are likely to do it again, you can obtain a temporary ex-parte protective order with the help of an Austin domestic violence lawyer.
In order to obtain the order, you need to prove that
- you were abused by your partner
- you are at risk of being abused again
After reviewing the evidence you present, the judge will issue a protective order which will stay in force for a short period of time – usually up to 20 days. This is an ex-parte order, which means it can be granted by the judge even in the absence of the abuser.
Final or Permanent Protective Order
If a temporary protective order is not sufficient for you, you can request the court for a final or permanent protective order, which can stay in force for a period of up to two years.
Unlike a temporary order, a permanent order cannot be issued ex parte. Your abusive partner will also be present at the hearing and they will be given a chance to present their arguments and evidence to dispute your claims regarding their abusive behavior.
This is why it is extremely important to be represented by an experienced Austin protective order lawyer, as you should be able to convince the judge that a longer protective order is absolutely necessary.
In some cases, depending on the severity of the harm inflicted by the abuser, the court might decide to extend the protective order beyond two years.
For instance, if the abuser in question committed an act that would be considered a felony offense, the court might extend the protective order beyond two years – even if the abuser was not convicted of the offense.
Magistrate’s Order of Emergency Protection
This is an emergency protective order which is issued if your partner is arrested for committing one or more of the following offenses.
- Indecent assault
- Sexual abuse
- Sexual assault
Unlike a temporary or final protective order, an emergency protective order is not issued by a civil court. Instead, it is issued by a criminal court. In order to obtain an emergency restraining order, your Austin protective order lawyer does not need to file a petition.
It can be issued upon a request made by your guardian (if you have one), the police officer who made the arrest, or the prosecutor. In some cases, the judge might decide to issue the order on their own.
If you are a victim of domestic abuse, family law attorney Eric M. Willie, P.C. and his legal team will take up your case and treat it with the sense of urgency and care it deserves. We can help you obtain a restraining order for a sufficient period of time and ensure the safety of your family.
Looking for an Experienced Austin Domestic Violence Lawyer?
Our lawyers are well versed in family law, have handled a large number of domestic violence cases, and know what it takes to convince the court and obtain a protective order.