At The Jackman Law Firm, we are ready to stand by your side when you need safety and peace of mind. If you find yourself in a situation where you feel threatened or unsafe, a protective order may be the right step to take.
In Texas, protective orders are designed to keep you safe from abuse or harassment. Let’s take a closer look at what protective orders are, when to seek one, and how we can help you secure them.
What Is a Protective Order?
A protective order is a court-issued document that helps keep you safe from someone who may cause you harm. In Texas, these orders are used to offer protection from abuse or harassment. They serve as a legal way to set boundaries and ensure that the person causing harm stays away from you and your family.
Types of Protective Orders in Texas
There are three main types of protective orders available in Texas:
- Temporary Ex Parte Orders: These orders offer immediate, short-term protection. They are granted without the other person being present, so you can get help right away.
- Final Protective Orders: After a full court hearing where both sides have a chance to share their side, a final order can be issued. This order provides longer-lasting protection.
- Magistrate’s Orders of Emergency Protection (MOEP): MOEPs are issued when the situation calls for quick action, often when immediate danger is present. They are used as an emergency measure until a full court hearing can be held.
It’s important to distinguish between civil protective orders and criminal protective orders. Temporary ex parte orders and final protective orders are civil, and Magistrate’s orders are related to criminal proceedings.
The Legal Groundwork
Protective orders in Texas are based on state laws that aim to keep victims safe. There is a clear difference between orders used in criminal cases and those in civil cases. Criminal orders may come into play when a crime has been committed, while civil orders focus on preventing further harm through court intervention.
When to Seek a Protective Order?
If you are facing abuse at home—whether it is physical, emotional, or even financial—a protective order can help keep you safe. We often hear from people who are dealing with harsh treatment that leaves them feeling scared and alone.
Cases Involving Stalking or Harassment
Stalking and harassment, including online bullying, are serious issues. When someone repeatedly follows or contacts you in a way that feels threatening, it might be time to consider a protective order. Even if the actions do not leave physical marks, they can still create a dangerous and stressful environment.
Threats of Imminent Harm
Sometimes, you may receive direct threats that suggest immediate danger. In these moments, it is important to take action. A protective order can offer quick relief and help ensure your safety while the legal process continues.
Situations Involving Sexual Assault
Protective orders are also available for those affected by sexual assault, even when criminal charges are not brought. They can provide a safe space for you to recover and move forward.
Keeping Track of Abuse
Even if physical violence is not present, emotional and psychological abuse are serious. Keeping a record of abusive messages, incidents, and behavior can be very useful when asking the court for protection. We advise collecting any evidence you can, like photos, messages, and witness statements, so your story is clearly shown in court.
The Process of Obtaining a Protective Order
Here is a brief overview of the process of obtaining a protective order in Houston.
Filing an Application
The first step is to fill out the necessary forms. You usually need to provide details about the incidents, including dates, locations, and the nature of the threats or abuse. This paperwork is then filed at the local courthouse.
Temporary Ex Parte Hearing
After filing, a temporary hearing is set up quickly. At this hearing, a judge may grant a temporary protective order without the other person being there. This short-term order is meant to give you immediate safety until a full hearing can be arranged.
Full Court Hearing
A later court date is set for a full hearing where both sides can present their evidence and share their side of the story. Here, you may be asked to testify, and the judge will look at all the evidence before making a decision on a final protective order.
Enforcement and Duration
Once a protective order is in place, law enforcement helps enforce it. The final order can last for a set period or until the judge decides it should be lifted. It is important to follow the order closely, as any violation can lead to serious consequences.
Getting Ready for Court
Preparing for court might feel overwhelming. We can help you organize your paperwork, gather evidence, and even prepare your statements for the hearing. Our team works with you to make sure your story is told clearly and honestly.
How The Jackman Law Firm Can Help
We work with you to fill out the necessary forms correctly. Our goal is to make sure every detail is clear so that the court sees your case in the best light.
Standing With You in Court
Our team will be with you during court hearings, offering support and making sure your voice is heard. We help you present the evidence that shows why you need the court’s protection.
Collecting and Presenting Evidence
We help gather the documents and records that can support your claim. Whether it is police reports, medical records, or witness accounts, every piece of evidence counts.
Explaining Your Legal Rights
We are here to answer your questions about what a protective order means for you and your family. We explain the process and your options in a way that is clear and easy to follow.
Planning for Your Safety
Your safety is our top priority. We help you set up a plan that addresses any immediate concerns and provides guidance on what steps to take next. We know that the process can be tough, and we aim to offer both legal and emotional support.
Modifying an Order
If your situation changes, you may need to modify the protective order. This process involves a court hearing where you can present any new information. We help you prepare for this hearing by organizing the necessary details and evidence.
Order Extension
Sometimes, the initial protective order may not cover all the time you need protection. If the threat continues, an extension can be requested.
Your Safety Matters: Contact The Jackman Law Firm Today
If you feel that you need a protective order in Houston, Texas, do not wait to seek help. We are ready to listen and work with you on every step of the process. Additionally, if you are facing one, we can help.
Call us today at 844-303-0001for a private consultation. Our office is conveniently located in Houston, and we are available day or night to answer your calls. Your safety is our priority, and we will work with you to take the first step toward a safer future.
