What Should I Do if My Ex Violates a Protective Order in Texas?

 Posted on December 06, 2024 in Family Law

When a relationship becomes a risk to your safety, the best legal recourse you can often take is to file a protective order. The main advantage of a temporary restraining order is that it can be filed quickly at a courthouse to get relief until a judge schedules a future hearing for a full order of protection. However, if your partner or ex does not comply with the order of protection, you may have to take additional legal measures to protect yourself. A family law attorney in Travis County, TX can guide you through the steps of obtaining and enforcing an order of protection. At Powers Kerr & Rashidi, PLLC, we take threats against you and your family very seriously, and we will defend you to the fullest extent of the law.

Get to a Safe Place

First and foremost, if you believe you or your family are at risk from an abuser who has already been sanctioned by an order of protection, you should head to a safe place, such as your home or the residence of a trusted friend or relative. Make sure any children or other vulnerable family members are accounted for and avoid direct contact with your abuser.

Call the Police

Even if you are not one hundred percent certain that a violation of the protection order took place, it may be in your best interests to call the police. You will not be punished for calling the police if you have a genuine concern about your well-being.

Note that a violation can cover more than just direct contact. In Texas, an order of protection may prohibit any of the following acts by an abuser:

• Threatening or harassing the victim or the victim’s family in communications.

• Attempting to contact the victim or the victim’s family without the court’s approval.

• Going near the workplace, school, or residence of the victim or the victim’s family.

• Owning a gun while under a protective order.

• Tracking a victim through his or her phone, vehicle, or other personal belongings.

Anyone found in violation of an order of protection in Texas can be charged with a criminal offense with the possibility of felony charges and years of jail time.

Document Evidence

If you believe that a violation of a protective order has occurred, you can protect yourself by preserving any evidence of the incident. This can take different forms, ranging from screenshots of text messages, voicemails, photos of destroyed or damaged property, physical proof of an attack, or witness statements. A family law attorney can help you build a case to prove the violation of a protective order, assembling the evidence and combining it with a comprehensive knowledge of the law.

Limitations of Protective Orders

You may be experiencing first-hand the significant limitations of protective orders. They are not always able to stop violence, and in some cases, protective orders can increase the risk posed by a threatening individual. No one knows the situation you are in better than you.

Pursuing a protective order is a good step, particularly because it documents what is happening and is intended to prevent violence. However, as stated above, if you are concerned that you or your child are in danger, go somewhere safe like a shelter or the home of a trusted relative, and do not communicate with your abuser or tell him where you have gone. If you think you are in immediate danger, always contact the police.

Meet with an Austin, TX Family Law Attorney

Obtaining and enforcing an order of protection is a harrowing experience for anyone to go through. At Powers Kerr & Rashidi, PLLC, our board-certified Travis County, TX attorneys are here to protect your family against domestic violence. We have over 40 years of experience litigating complex family law cases, providing counsel and representation during deeply stressful times. To schedule a private consultation, call our offices at 512-610-6199 today.