In Dallas, victims of family violence, otherwise known as “domestic
violence” can ask the court for a protective order. In Texas, the
three different types of protective orders include: Temporary Ex Parte
Protection Orders, Final Protective Orders, and Magistrate’s Order
for Emergency Protection (MOEP). Judges do not issue MOEPs unless the
accused has been arrested for family violence.
Protective orders prohibit the alleged abuser from:
- Possessing a firearm.
- Going near the victim’s home.
- Going near the victim’s work.
- Abusing the individuals protected in the order.
- Threatening household or family members.
- Going near a childcare or school.
How Does Someone Get a Protective Order?
Suppose your spouse wanted to get a protection order against you. Assuming
you were not arrested for family violence, he or she would have to go
to court and show that you have abused him or her, or your children, and
show the court that you’re likely to commit family violence in the future.
For example, if a man’s wife was badly bruised from a beating, she
could go to court the next morning and show them her bruises. Family violence
victims can request a protective order at the local County/District Attorney’s
Office, or they can hire a lawyer, who could file for a protective order
on their behalf.
If someone in your family has taken a Temporary Ex Parte Protection Order
out against you, it can last for up to 20 days, and if the applicant asks
to have it extended, it can be. Once a Temporary Ex Parte Protection Order
is served, it’s criminally enforceable. In contrast, Final Protective
Orders can last up to two years. While abusers do not typically receive
court hearings for Temporary Ex Parte Protection Orders, they do have
the opportunity to tell their sides of the story, and they do attend a
hearing for a Final Protective Order.
Need a Dallas criminal defense attorney to defend you in a family violence case?
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