How to Extend a Protective Order in Texas

 Posted on July 19, 2023 in Family Law

The scope of a protective order in Texas varies significantly, making it crucial to know when and how to extend your protective order. While family courts in Austin do their best to safeguard your rights and protect you from hostile exes, you must remain vigilant. Take steps to extend the protection and notify authorities immediately if the abusive partner violates the order. This article explores your options, so you know what to do before or after your current order expires. 

Can a Protective Order Be Extended in Texas? 

Temporary protective orders usually last for 45 days unless stated otherwise. You can extend the order by filing a motion for an extension before the designated time ends. This applies to cases where you do not receive a court date after the judge issued a temporary protective order. 

The extension rules for long-term protective orders in Texas vary from case to case. 

What Are Automatic Extensions?

The Texas courts provide an automatic extension for a valid protective order if an abuser is released from prison a year before the expiration of the current restraining order. 

The automatic extension prevents an abusive ex from contacting you or seeking revenge after imprisonment. It also gives you adequate time to take necessary measures to protect yourself from your ex. 

In other circumstances, you must file a motion to renew the order yourself. 

How to Renew Your Current Protective Order

If you cannot extend your protective order, you may request the court renew it before it expires. This will automatically extend the previous protective regulations enforced in the original order while safeguarding you and your family from imminent danger. 

Typically the court accepts a renewal application 30 days before the expiration date of your current protective order. Applications are considered complete only if you attach a copy of your current protective order and submit a detailed report of what the abuser did to make you feel unsafe. 

For example, you may describe how an abuser violates the restraining order by sending threats themselves or through a third party. The abuser may have started harassing you with the intent to cause you physical injury or threaten to assault you sexually. 

After you file a motion to renew a protective order, a judge will schedule a hearing to assess the case and issue a verdict. You may need legal representation to raise your concerns and support your claims in the courtroom. 

What if your order expires before you can file a petition for a renewal?

In that case, you may need to prove that the abuser violated the original restraining order by contacting you and threatening you before the original order expired.  You must complete the legal procedure by filing the petition as you did for the original protective order. 

You can seek assistance from a lawyer to make the process less taxing. 

Contact Austin Protective Order Lawyer

Understanding the extension rules in Texas help you make an informed choice that safeguards you and your family from an abusive ex. You may need to talk to an attorney if you cannot decide whether to extend or renew your protective order. Dial 512-610-6199 to contact Austin protective order attorneys from Powers Kerr & Rashidi, PLLC to book a consultation. 

Source

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.85.htm