Southlake Protective Orders Lawyer

A protective order is a court order that protects the victim of domestic abuse from suffering further abuse by ordering the abuser to stay away from the victim, among other things. The order will be particular about how near the abuser can come to the victim and will cover the victim’s place of employment, family, and friends of the victim – and if the victim is a child, the victim’s school.

Any member of a household or family may ask a court for an Order for Protection. For information about your specific situation, contact the family law attorneys of Mims Ballew Hollingsworth | Family Law for a consultation. If you are also facing a divorce case due to domestic violence, we can assist with that aspect, as well.

Protective Orders in Texas

Texas offers three kinds of protective orders.

Temporary Ex Parte Protective Order

A temporary ex parte order is a court order that will provide immediate protection from the abuser to you and your family. Ex parte means you don’t have to have the other party, that is, the abuser, in court to get your order. To get this order, you have to persuade the judge that the abuser represents a clear and present danger of violence against you or a member of your family. You convince the judge with the information you include in your application for the order.

A temporary ex parte order lasts for the period specified in the order, usually 20 days or less. You can get it extended for additional 20-day periods if you ask, or the judge acts independently – generally because they know the abuser has not yet received notice.

Permanent Protective Order

A final or permanent protective order is effective for the time listed in the order, up to a maximum of two years. If no time is specified, the order expires on its second anniversary. However, the judge can issue the order for more than two years if:

• The abuser committed an act defined as a felony offense against you or a family member, even if the abuser was never charged with or convicted of the felony.
• The abuser seriously injured you or a family member.
• You have had two orders against the abuse in the past, and in each case, the judge found the abused committed family violence and likely will do so again.

No matter how long your order lasts, the abuser can move for discontinuation of the order after one year. If the order lasts for more than two years, the abuser can move again. The judge must hold a hearing to decide whether there is a “continuing need for the order.” The judge can dismiss the order, but the mere fact that the abuser hasn’t violated it is insufficient evidence for discontinuation.

There might be an automatic extension if the abuser was in jail when the order was supposed to expire. If the sentence is more than five years, the order is experienced on the first anniversary of the abuser’s release. If the sentence was less than five years, the order will expire on the second anniversary of the release. In either case, you should request a copy of the new order with its new expiration date to make things easier for the police if anything happens.

Magistrate’s Order of Emergency Protection

Finally, there is a magistrate’s order of emergency protection; most people think of this as an emergency protective order. This order is issued by a criminal court when an abuser gets arrested for committing family violence, sexual assault, sexual abuse, indecent assault, stalking, or trafficking. This time, you don’t have to be present for the court to issue the order. The court can issue the order on your request, your guardian’s request, or the request of a police officer or prosecutor, or even on the judge’s own initiative. If the crime underlying the order involved a deadly weapon, the judge must issue the order. The order is good for 31 to 61 days or 61-91 days where a deadly weapon was involved.

Who Can Ask for an Order of Protection?

The order can be requested by and granted to:

• Spouses
• Cohabitants for more than six months
• Parents of an adult child
• The Health Board, on behalf of any aggrieved person
• The guardian or parent of a minor child

Contact a Southlake Protective Order Attorney Today

As you can see, getting a protective order and getting it for the longest possible time can be challenging. It’s especially tough when you are already shaken by the discovery that you are in danger, and so are your children or other family members. Let the family law attorneys at Mims Ballew Hollingsworth | Family Law help you get your order and your peace of mind. Contact us online or call 817-900-8330 today for the help you need!

Southlake Attorneys

• Southlake Family Law Attorney
• Southlake Divorce Attorney
• Southlake Child Custody Attorney
• Southlake Child Support Attorney
• Southlake Property Division Attorney
• Southlake Contested Divorce Attorney
• Southlake High Conflict Divorce Attorney
• Southlake Divorce Involving a Business Attorney
• Southlake Custody Modification Attorney
• Southlake Child Support Modifications Attorney
• Southlake Prenuptial Agreements Attorney
• Southlake Postnuptial Agreements Attorney
• Southlake Enforcements Attorney
• Southlake Protective Orders Attorney
• Southlake Grandparents Rights Attorney
• Southlake High Conflict Custody Attorney

Client Reviews

What our clients are saying about us

Kam J.

3 months ago

Hands down one of the most professional and respected family law firms around. I wouldnt trust any other firm to represent me. I have had the pleasure to be represented by a few attorneys at the firm. They are fast, respectful, and above all trust worthy.

View More Reviews on Google Maps

Mims Ballew Hollingsworth | Southlake Protective Orders Lawyer

At Mims Ballew Hollingsworth | Southlake Family Law, our team of experienced attorneys is dedicated to serving as your trusted Southlake Protective Orders Lawyer. With over 75 years of combined experience, we are committed to guiding clients through the challenges of divorce and family law cases. Conveniently located at 700 North Carroll Avenue, Suite 170, Southlake, TX 76092, our office is strategically positioned to assist clients throughout the Southlake area. For easy navigation, you can visit us using the following GeoCoordinates: 32.949267, -97.134676. Contact us at 817-900-8330 to schedule a consultation and benefit from our extensive expertise in family law.