Divorce is a series of emotionally charged moments. But it would help to be careful when these heated moments take a violent turn. If your spouse abuses or threatens you in any way while processing your divorce, you must prioritize your and your child’s safety by filing for a protective order.
A protective order protects a victim from their abuser to prevent further dangerous behavior. Circumstances vary, and they dictate which kind of protective order can alleviate your urgent situation.
Does your situation warrant a protective order?
The Texas Family Code recognizes three types of protective orders. Each kind entails varying degrees of protection:
- Temporary protective order: You may get a temporary ex parte protective order if proven to be under attack or at risk of any future harm. It usually lasts 20 days and can be issued by a court without notifying your spouse.
- Permanent protective order: A final protective order involves a judge deliberating a decision after hearing arguments from both parties. If the judge favors your complaint, you can receive protection for as much as two years.
- Emergency protective order: A magistrate’s order usually lasts 30 to 61 days and requires an arrest before the order. The order extends to 91 days if an incident involves stalking, domestic violence or sexual abuse.
There are penalties if your spouse violates a protective order. An initial violation is punishable by a $4,000 fine and a year in prison. If there have been previous offenses, your spouse’s punishment will be a third-degree felony conviction worth up to 10 years in jail.
Additionally, it is essential to note that a protective order is usually confused with a restraining order. By comparison, a restraining order literally “restrains” your spouse from doing specific actions, like damaging your car or taking your child out-of-state – and prohibits contact or communication. Depending on your circumstances, you may need a protective order more than just a restraining order.
Safety above all else
Fearing for your and your child’s lives while ending your marriage is just an unimaginable burden to carry. But with these legal complexities comes legal help with a thorough understanding of how much safety means to you.