Should I Get a Protective Order During My Divorce in Austin, Texas?

 Posted on January 21, 2022 in Complex Divorce

Divorce is rarely without some degree of contention. However, some divorce cases are wrought with turmoil. In some situations, divorcing spouses become violent and abusive as the marriage ends. In other cases, the domestic violence was the initial cause of the divorce.

If you have found yourself in a situation where you fear for your safety or the safety of your children, consider getting a protective order. A protective order can prevent your spouse from coming near you and your children or contacting you through the phone, internet, or other means.

Magistrate’s Order of Emergency Protection

In Texas, a Magistrate’s Order of Emergency Protection may be mandatory. If your spouse inflicts serious bodily harm or uses a deadly weapon, an Order of Emergency Protection may be issued against the spouse. You can also request an order of protection if your spouse was arrested for a family violence offense, assault, or stalking.

The Order of Emergency Protection may:

• Prohibit your spouse from committing further acts of family violence or stalking
• Prohibit your spouse from harassing you or any of your family or household members
• Prohibit your spouse from going near your home, workplace, school, or your child’s school or daycare
• Suspend your spouse’s concealed handgun license and forbid him or her from possessing a gun
• The emergency order of protection may last up to 91 days depending on the reasons for the order.

What Happens if My Spouse Ignores the Order?

If your spouse tries to contact you, comes to your home, or otherwise violates the protection order, call the police immediately. Protection orders are legally enforceable court orders. Violating a Magistrate’s Order of Emergency Protection is a Class A misdemeanor in Texas. Your spouse will face immediate arrest and criminal charges for disobeying the order.

Using an order of protection is not only important for your immediate safety, but also for your divorce proceedings. Getting an order of protection allows you to officially document your spouse’s abusive behavior. If he or she violates the order and gets charged with an additional criminal offense, this will be further evidence of his or her abusive nature and disregard for the law. Criminal charges are valuable evidence in divorce and child custody proceedings.

Contact an Austin Family Violence Attorney

If you are planning to leave an abusive spouse, contact a divorce lawyer with experience in family violence matters for help. Abuse often escalates and it is important to ensure you and your children are protected. Call the skilled Texas divorce lawyers from Powers Kerr & Rashidi, PLLC at 512-610-6199 for a completely confidential consultation.

Source:

https://www.txcourts.gov/media/478291/chapter4.pdf