Family Violence & Protective Orders
In Texas, family violence laws provide protection for victims and establish legal consequences for abusers. These laws outline the rights of victims, legal actions that can be taken, and the process for obtaining protective orders.
Family Violence in Texas
What does Texas Law say about Family Violence
Texas law defines family violence as any act by one family or household member against another that is intended to cause physical harm, bodily injury, assault, or sexual assault. It also includes threats of such harm that place the victim in fear of imminent danger.
Additionally, family violence encompasses abuse toward a child within the household. Dating violence is also covered under this definition and applies to individuals in a romantic or intimate relationship or those who have previously been in such a relationship.
Whether a dating relationship exists is determined by factors such as the duration of the relationship, its nature, and the frequency of interaction between the individuals.
Types of Family Violence
- Physical Abuse – Hitting, slapping, punching, kicking, choking, or using a weapon.
- Emotional Abuse – Threats, intimidation, controlling behavior, or harassment.
- Sexual Abuse – Forced sexual acts or coercion.
- Child Abuse – Any abuse toward a child, including physical injury, neglect, or exploitation.
- Elder Abuse – Abuse or neglect of an elderly family member.
- Dating Violence – Violence in a romantic or dating relationship, even if the individuals do not live together, which includes individuals who were formerly in a romantic or dating relationship.
Who Can Be a Victim of Family Violence?
- Spouses (current or former)
- Family members (parents, children, siblings, etc.)
- Household members (roommates, stepparents, stepchildren)
- Dating partners (current or former)
Who Can Be a Victim of Family Violence?
- Spouses (current or former)
- Family members (parents, children, siblings, etc.)
- Household members (roommates, stepparents, stepchildren)
- Dating partners (current or former)
Types of Protective Orders
A Protective Order is a legal order issued by a court to protect individuals from further harm. Protective Orders, which may be called restraining orders in other states, are legal orders issued by a court to protect victims. Texas offers several types of Protective Orders including the following:
Temporary Ex Parte Protective Order
- It is issued without notifying the alleged abuser.
- It provides immediate, short-term protection (up to 20 days, but the temporary ex parte protective order may be extended).
- It can prohibit contact, remove the alleged abuser from a shared residence, or restrict the alleged abuser’s access to children.
Magistrate’s Order for Emergency Protection (MOEP)
- A MOEP is issued automatically by a judge when an offender is arrested for family violence, sexual assault, stalking, or trafficking.
- It typically lasts 31-91 days.
- It often includes no-contact provisions and firearm restrictions.
Final Protective Order
- Issued after a court hearing where both parties can present their case.
- It can last up to two years (or longer in certain cases, including for life).
- It may include orders for no contact, mandatory counseling, or firearm restrictions including the following:
- Refrain from harming, threatening, or harassing you or your children, either directly or indirectly.
- Stay away from you, your family, your home, workplace, and your children’s school or daycare.
- Surrender any firearms, even if legally owned.
- Stop tracking or monitoring your personal property, vehicle, or family members, whether physically or through tracking devices.
- A judge may also:
- Separate your phone line from the abuser’s account, including your child’s phone.
- Order child and medical support payments.
- Order visitation terms for children.
- Require the abuser to attend anger management or substance abuse programs.
- Order drug testing.
- Issue a “kick-out order,” removing the abuser from the home.
How to Obtain a Protective Order
A victim or someone acting on a victim’s behalf (such as a prosecutor or a parent for a child) can apply for a protective order by:
- Filing a request in the county where they live or where the abuse occurred.
- Providing evidence of family violence (police reports, witness statements, medical records). An applicant must prove that family violence has occurred.
- Key Considerations include the following:
- Family violence includes dating violence and same-sex partner abuse.
- Reporting incidents to the police increases your chances of obtaining a Protective Order.
- Apply for a Protective Order immediately after an incident to strengthen your case.
- Keep records of abuse—photos of injuries, threatening messages, emails, and voicemails—as evidence.
- Attending a court hearing if required.
- If both parties agree to a Protective Order, it must still be approved by the court.
Penalties for Violating
Violating a protective order is a criminal offense in Texas, and repeated or aggravated violations can be classified as felonies, potentially resulting in prison time.
