Unfortunately, family violence is an all too common problem in Texas. And, while the state has laws designed to protect victims, the process can be slow and difficult to navigate, especially if you try to pursue legal protection on your own.
If you are in a difficult family situation in Fort Bend County, one of our local and experienced family law attorneys at Parker & Aguilar can help you obtain formal protection. Learn more about how to obtain a Fort Bend County protective order.
When Can You Pursue a Fort Bend County Protective Order?
If you are a victim of domestic violence and want a protective order, the first thing you need to know is whether you are eligible to obtain one. Texas allows you to request a protective order if the following are true:
- You were hurt or threatened by someone
- You are afraid this person will hurt you (again)
- You or your romantic partner has a close relationship with this person
Our family law attorneys will collect evidence to prove this is true so you can advance toward receiving the legal protection you need.
Next Steps in the Legal Process
When you qualify for protection, you will need to follow specific steps to obtain legal protection through a court order in Texas.
Go to Court
Once we determine that you are eligible to pursue a protective order, we will advocate on your behalf before a judge. This means participating in a hearing to request a specific type of protection.
Temporary Ex Parte Protective Order
A temporary ex parte protective order provides immediate protection and does not require that the abuser be present in the courtroom. The order only lasts for up to 20 days, which gives police enough time to serve the abuser with a copy of your application for a protective order.
Permanent Protective Order
Despite the name, a permanent protective order isn’t truly permanent. All permanent protective orders have an expiration date. This defaults to two years from when the order was issued. And that’s only if the judge doesn’t list a separate expiration date.
However, a judge may issue a longer order if the abuser committed a felony against you or a family member in the past, if they have previously had two or more protective orders issued against them, or if they have violated the terms of a past protective order.
The abuser can contest this type of order in the court. But, our attorneys are equipped to fight on your behalf to help you receive the strongest protection available.
Magistrate’s Order of Emergency Protection
A Magistrate’s Order of Emergency Protection is slightly different than the other options. First, a judge may issue this protection order if someone is arrested for violence, sexual assault, or other types of abuse against a family member. The judge can choose to issue this order upon your request and must issue it if the accused used a deadly weapon during the alleged crime.
Our law firm will help you make the request when necessary. If a judge fails to order one when required, we will file a petition with the court to force the judge to perform their required duties as outlined in the Texas Family Code.
Consult a Family Law Attorney About Protective Orders
If you or a family member is a victim of domestic abuse in Fort Bend County, you deserve all available protection. The court can provide that protection with the support of a family law attorney.
Whether you live in Katy, Sugar Land, Richmond, Rosenberg, Missouri City, Stafford, Fulshear, or another city in the county, our expert family law attorneys are ready to help you out.
You can reach our Sugar Land office at 281-944-5485 to speak with one of our knowledgeable attorneys about obtaining a Fort Bend County protective order. We are here to help you during this difficult time.