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About Texas Family Violence Protective Orders

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:

  • Stalking.
  • 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? Contact our firm to request a free consultation with Attorney Barrett, a top-rated defense lawyer!