A protective order is a civil court order issued to prevent continuing acts of family violence. Family violence is defined, according to Texas law, as any act by one member of a family or household intended to physically harm another member, including the abuse of a child or a serious threat of physical harm to any family member. Family members can include any blood relatives or relatives by marriage. Family is also defined as including former spouses, married or unmarried parents of the same child, as well as foster parents or foster children. Family can also include any member or former member of a household who lives in the same house and who may or may not be related.
Unfortunately, domestic violence statistics have been on the rise in a divorce context. If you are facing this situation, it is crucial that you protect yourself whether you are the victim of abuse or you believe you are being falsely accused. Contacting an experienced family law attorney should be your first step.
With offices serving the Dallas-Fort Worth metroplex area, Loughmiller Higgins, P.C., has a long history of helping people pursue and defend protective order petitions and allegations of violations of protective orders.
Protect Yourself and Your Family
Our attorneys help clients seek protective orders to safeguard family members and attempt to prohibit an offender from:
- Directly or indirectly harassing or threatening family members
- Committing further acts of family or domestic violence
- Approaching a crossing onto a school or day care center property that is attended by a child protected under the order
Having a protective order in place can also provide an additional layer of protection for a family member or child because a finding of family violence can have an impact on judges or jury rulings regarding custody, possession and access during a divorce proceeding. In some situations, a protective order may also include orders to:
- Prohibit transfer or disposal of property
- Establish possession and visitation of a child
- Pay child or spousal support for a period not to exceed one year
- Attend mandatory counseling
- Vacate the residence or other specified property, if certain conditions are met
If a Texas protective order is issued, this can also negate presumptions about joint decision-making control of children when there has been a family violence finding. It is very important to have these findings on the record if you are engaged in a long-term divorce case or you are seeking to successfully defend yourself to keep the presumptions in the place for the court to enforce. Our lawyers can help you explore and pursue all of these options.
Call our Texas law offices directly today to schedule a consultation or e-mail us with a brief description of your situation and concerns. Our lawyers accept all major credit cards and offer flexible appointment scheduling for your convenience.