Protective Orders (Domestic Violence Prohibition)
Prohibiting Domestic Violence with a Court Order
Odds are high (75% according to the Texas Council on Family Violence) that you or someone you know has been the victim of domestic violence here in Texas. In 2006, almost one million women were the victim of physical abuse by their domestic partner and these numbers are not decreasing over time, as shown in studies done by the National Coalition Against Domestic Violence. Violence in the home is not just limited to woman either.
What if you are worried that while the divorce is happening, your soon-to-be-ex spouse will harass you, stalk you, or actually become violent?
When you file for divorce, along with requesting the standard Temporary Orders, you may ask the judge in your divorce case to issue an order protecting you from domestic or family violence. These are called “Protective Orders.” They are intended to prevent, or deter, any bad acts from happening during a very emotional time.
What Does a Protective Order do?
Protective Orders are issued by the judge and violating the order can result in arrest. These Orders can forbid the abuser from coming near the school, home, and workplace, as well as taking anger management courses, start counseling or therapy, and other specifics designed to end the family violence.
Protective Orders are very important to obtain – when they are needed -- when one is going through a divorce. They can be granted by the divorce court on short notice and are invaluable in the considerations that the divorce judge must consider regarding other issues, such as child custody and visitation. Remember, your conduct is always open to review and scrutiny by a Judge and the decisions and actions you make, even after a divorce is filed, can negatively impact your parenting time with your children if you don’t act and make decisions based on your child’s best interests.
What can Protective Orders stop?
These divorce protective orders can cover a wide range of circumstances, such as:
- Limiting the spouse from coming within a certain distance from your home, your job, your school, etc.
- Forbidding the spouse from communicating with you in any way -- by phone, text, or email, or through another person.
What if your spouse ignores the Protective Order?
Anyone who violates a court’s protective order is subject to arrest. You should call the police as soon as you are aware that the Protective Order is being violated. You should also notify your divorce attorney so that additional action may be taken within your divorce case. In the most egregious circumstances a batter’s shelter may be necessary.
Don’t Be Afraid and Do Nothing – Ask the Court for Help
Please don’t hesitate to call or email for a paid initial legal consultation if you are involved in a situation where you may feel the need for the court’s help in deterring possible abuse or violence during your divorce or child custody/support dispute. The Law Office of Michael Granada understands how difficult these situations can be, and we’re ready to help.