Someone Filed a Protection Order Against Me… Now What?

In Texas, protective orders are often issued in response to domestic violence and are designed to protect victims of abuse from future harm. Most of the time, these orders are completely warranted and are a vital tool in helping to shield victims from their abusers. However, it's not unheard of for a spouse to try and use this document as a means of gaining the upper hand in a custody battle. If you've been issued a protection order, the first thing to understand is that you have rights too.

What is a Protection Order?

In Texas, a protection order is an enforceable legal document which can be used to either prevent or require certain behavior out of a specific individual. Judges often order these in response to domestic violence, issuing them against an alleged abuser in order to protect a victim from future harm. According to the Texas Family Code, domestic violence occurs whenever a member of the same family or household injures, assaults, or sexually assaults; threatens to injure, assault, or sexually assault; or abuses another member of the household.

Not the Same Thing as a Restraining Order

A protective order is not the same thing as a restraining order. Unlike a protective order—which is used almost exclusively to protect individuals from domestic violence—restraining orders have a much broader scope and can apply to much more than just physical harm and threats. In fact, restraining orders are quite commonly used during divorce to protect assets, limit bank account withdrawals, prohibit the sale of property, or enforce temporary child custody arrangements.

Types of Protection Order in Texas

In Texas, there are three different kinds of protective orders. An Emergency Protective Order is typically issued in the immediate aftermath of a domestic violence situation. A Temporary Protective Order is similar, except it must be requested by the victim themselves and automatically expires after twenty days. A Permanent Protective Order can only be issued after a hearing—a hearing that, by law, an accused has the right to be present at.

Someone Filed a Protection Order Against Me… Now What?

If someone has filed a protection order against you, the first thing you should do is obey it. Regardless of your innocence or guilt, it's vital that you follow the parameters of a protective order exactly as outlined—and this is true even if your accuser offers to meet up to reconcile. Once a protective order has been issued, a victim has no authority to revoke it.

While you're busy making sure you're following those orders, the second thing you should do is to lawyer up. A protective order implies a very serious level of wrongdoing and, if convicted, could have a huge impact on many different areas of your life.

Do You Need Help Responding to a Protection Order in Texas?

Protection orders shouldn't be taken lightly. These orders carry significant legal consequences and can seriously impact the outcome of a custody dispute. If someone has filed a protection order against you and you aren't sure what to do next, we want to hear from you. Call the North Texas Family Lawyers team today at (972) 436-8000, or schedule a consultation online, and let us help fight for your rights in these important matters.