October is Domestic Violence Awareness Month: Know Your Rights If You Are a Victim

 Posted on October 18, 2022 in Family Law

Domestic violence is something that many people sweep under the rug. Although abuse between spouses, romantic partners, and family members is common, many people are hesitant to discuss these matters publicly. October has been named Domestic Violence Awareness Month to bring these issues to light and help victims understand their rights and options. 

If you have been abused by a current or former boyfriend, girlfriend, spouse, family member, or household member, know that you do not have to tolerate this behavior. There are court orders called protective orders available that can help you get out of an abusive relationship or living situation. 

Protective Orders Available in Texas 

A person who is a victim of family violence, abuse, sexual assault, stalking, or trafficking can file for a protective order. In Texas, there are different types of protective orders depending on the relationship between the victim and the abuser and other factors:

• An ex parte temporary restraining order (TRO) can be filed without notice to the alleged abuser. This type of order is usually only granted if the victim can show that there is an immediate and present danger of family violence. An ex parte TRO will last until the full hearing, which must be held within 20 days. 

• A permanent protective order lasts up to two years. However, the order may extend beyond two years if the abuser caused serious bodily injury to you or a family member, there are multiple protective orders against the abuser, or the abuser committed a felony offense against you or a family member (even if he or she was not formally charged with the crime.)

• A magistrate's order for emergency protection, also referred to as an emergency protective order, is issued after an abuser is arrested for a criminal act such as family violence, assault, or stalking.  

How Does a Protective Order Work? 

Texas protective orders are legally enforceable court orders prohibiting certain actions. A protective order may require an abuser to:

• Vacate and stay away from the residence, job, or school of the victim and any family or household members

• Refrain from contacting or communicating with the victim in any way, including through a third party 

• Surrender any firearms to law enforcement 

• Pay child support 

• Attend counseling 

Violating a protective order is a criminal offense. If an abuser subject to a protective order refuses to vacate your home, communicates with you or your children, or otherwise breaks the terms of the order, you can call the police. He or she will be arrested and may face up to a year in jail. 

Contact Our Palo Pinto Order of Protection Lawyer

If you are a victim of domestic violence, it is important to know that you have rights and options available to you. October is Domestic Violence Awareness Month, so take this opportunity to learn more about the issue and how to get help if you need it. Parker County family law attorney Kary L. Key can help you request an order of protection and represent you during any hearings or legal proceedings. Call The Law Offices of Kary L. Key at 817-599-6969 for a confidential consultation. 

Sources:

https://tcfv.org/awareness/

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