Requesting Protective Orders For Family Violence

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If you are at risk because a family member, ex-spouse, boyfriend or girlfriend is committing acts of family violence against you or a family member, you should immediately seek the assistance of a family law specialist or from law enforcement. There are many remedies available to you if you or a family member has been the victim of family violence or a credible threat of family violence.

The family law attorneys at Laura Dale & Associates, understand the complex issue of domestic violence. We work hard to ensure that our clients obtain the protection that the courts can provide. If you believe that you or other members of your family are victims of family law violence, contact us immediately for help. To make an appointment with a family violence attorney, please call our Houston office at 713-574-7952 or contact us online. Our lawyers can answer all your questions..

Experience With Complex Family Violence Cases

Family violence cases often involve issues of substance abuse and mental illness. While substance abuse and mental illness are not an excuse for acts of family violence, it is important that a family law specialist have a thorough understanding of how these factors influence perpetrators of family violence, because families are often at risk in the future. This potential risk must be addressed by the court.

The experienced attorneys at Laura Dale & Associates, will take all steps necessary to facilitate the issuance of temporary ex-parte emergency orders to protect you and your children. We will fight to obtain a final protective order that, in most cases, will remain in effect for a period of two years.

Emergency ex-parte protective orders can:

  • Remove a perpetrator from the residence when there has been violence or threats of violence
  • Keep someone away from your home
  • Keep someone away from your place of employment
  • Keep someone away from your child’s school
  • Prevent all contact between the perpetrator and his/her victims

When an ex-parte order is signed, it is valid for a period of 20 days, and the issuing court will hold a hearing on the matter within 14 days. If a protective order is granted at the conclusion of the hearing, it generally will be valid for a period of two years, but can be issued for as little as a year. Under certain circumstances, protective orders can be extended by one year.

While we typically represent victims of family violence, we will also represent persons who have been unjustly accused of acts of family violence, something often seen in association with wrongful attempts to compromise someone’s immigration status and/or a pending divorce or custody suit.

Family Violence & Domestic Violence FAQs

At Laura Dale & Associates, we are strong advocates for the victims of domestic violence. On this page you will find some answers to frequently asked questions about family violence in Texas. If you are a victim of family violence and you need legal advice, please contact our firm immediately.

Is it difficult to obtain a protective order?

Yes, it can be difficult. The burden of proof is on the victim and he or she must come to court prepared to show the judge evidence that (1) an act of family violence has occurred, and (2) that it is likely to occur in the future. There are many strategic decisions that need to be made when it comes to cases involving family violence. There is no substitute for experience in this area of the law.

How long will it take to obtain a temporary order for protection?

Ex-parte orders (short term temporary orders based on an affidavit by the victim) are often granted quickly, but must be followed within a short period of time by a full hearing on the matter. After the judge has heard evidence, he or she will grant or deny the Application for Protective Order. The order often lasts for a 2-year period, but can be of a shorter duration, and is generally not renewed unless a new act of violence occurs within the protected period. In the event of a new act of family violence, the court can extend the protective order for a one year period.

What will the protective order accomplish?

An order can remove the perpetrator of violence from your residence and bar her/him from coming near your home, place of employment and/or child’s school. The order is also designed to prevent abusive communications between the perpetrator and victim(s). While in Texas, police will not enforce a civil order, they will enforce a protective order, which provides an added layer of security of a victim of family violence.

How long is the temporary order valid for?

A temporary ex-parte protective order may remain in effect for a period not to exceed 20 days. However, on the request of the applicant or on the court’s own motion, a temporary ex parte order may be extended for additional 20-day periods.

I have been wrongfully accused. Can you help me?

Yes. In addition to our work on behalf of family violence victims, we also represent those who are being victimized by false accusations.

Contact A Texas Attorney

Please call our office at 713-574-7952 to schedule an appointment.

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