Family Violence and Protective Orders

Family Violence and Protective Orders

To stop or prevent family violence in Texas, a person may file an application for a protective order with the court. In general, a Texas court will issue a protective order if it finds that family violence has occurred and is likely to occur in the future. Family Code § 81.001. The protective order may apply only to the person who committed family violence or it may apply to any party. Family Code §§ 85.022, 85.021. An attorney at C.L. Crawley, Jr., P.C. in The Woodlands, Texas, is available to answer your questions about obtaining a protective order to stop family violence. Please feel free to contact C.L. Crawley, Jr., P.C. today to schedule a consultation.

Family Violence and Dating Violence

Section 71.002 of the Texas Family Code defines "family violence" as:

• An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself
• Abuse by a member of a family or household toward a child of the family or household

Dating violence is a type of family violence in which an individual commits an act of violence against another individual with whom that person has or has had a continuing relationship of a romantic or intimate nature. Family Code § 71.0021.

Applications for Protective Orders

An application for a protective order to stop or prevent family (domestic) violence may be filed in either the county in which the applicant resides or the county in which the respondent resides. Family Code § 82.003.

An adult member of the family or household may file an application for a protective order to protect herself or himself or any other member of her or his family or household. Family Code § 82.002(a). With regard to dating violence, an application may be filed by an adult member of the dating relationship. Family Code § 82.002(b). When the protective order is sought to protect a child from family violence, any adult may file the application. Family Code § 82.002(c).

Clear and Present Danger of Family Violence

A person who is experiencing family (domestic) violence or has experienced family violence in the past may need immediate intervention to stop or prevent the abuse. In situations where there is a clear and present danger of family violence, the court may enter a temporary ex parte order without a hearing and without providing notice to family or household members affected by the order. Family Code § 83.001. After a temporary ex parte order is entered, any person affected by the order may file a motion to vacate the order. Family Code § 83.004.

Temporary ex parte orders are valid for the period specified in the order (not to exceed 20 days) and may be extended for additional 20-day periods on the applicant's request or motion of the court. Family Code § 83.002.

Enforcement of Foreign Protective Orders

Judicial Enforcement

Texas has adopted the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act (Family Code §§ 88.001 to 88.008). Under the Act, a Texas tribunal (court, agency, or other entity authorized by law to issue or modify a protective order) is required to enforce certain protective orders issued by a tribunal of another state (foreign protective orders), including foreign protective orders regarding:

• Possession of and access to a child if the provisions were issued in accordance with the jurisdictional requirements governing the issuance of possession and access orders in the issuing state, Family Code § 88.003(b)
• Child support if the order was issued in accordance with federal law, Family Code § 88.003(c)

A "protective order" is an injunction or other order issued by a tribunal under the domestic violence, family violence, or other laws of the issuing state to prevent one person from harassing, contacting, communicating with, being in physical proximity to, or engaging in violent or threatening acts against another person. Family Code § 88.002(5).

The Uniform Interstate Enforcement of Protective Orders Act requires Texas law enforcement officers to enforce a foreign protective order as if it were an order rendered by a Texas tribunal if there is probable cause to believe that the foreign protective order exists and has been violated. Family Code § 88.004.

Protected individuals who pursue enforcement of a foreign protective order under the Act are not precluded from pursuing other legal or equitable remedies against the individual against whom enforcement of a protective order is sought. Family Code § 88.007.

If you are or have been the victim of family (domestic) violence, a protective order may be able to stop or prevent family violence. If you obtained a family or domestic violence protective order in another state, the terms of the order may be enforceable in Texas. Please feel free to contact an attorney at C.L. Crawley, Jr., P.C. in The Woodlands, Texas, to learn more about obtaining or enforcing a family violence protective order.

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