Family Violence under Chapter 71 of The Texas Family Code covers threats of physical harm, assault, or sexual assault by one member of the family or household. It can also include a person of which a person has a dating relationship and includes children in danger.
What is An Application for Protective Order?
An Application for Protective Order is a formal legal request filed in court seeking protection from harassment, abuse, threats, or harm. This type of order is commonly used in situations involving domestic violence, stalking, harassment, or family disputes where an individual feels threatened or at risk of harm.
An Application for Protective Order may be granted where family violence has occurred, recognizing the possibility it may occur again. A protective order, once granted, provides protection with the prohibition of persons from making further contact, or from coming within a certain distance of persons or places, with the penalty being an arrest for violation of the protective order that the judge may grant.
The Protective Order is the most effective relief one can get when the circumstances are severe, and it may be an important part of a divorce or custody case when necessary for the protection of the parties.
Temporary Restraining Order During Divorce & Child Custody Cases
A Temporary Restraining Order (TRO) is a short-term legal order issued by a court to protect an individual or entity from immediate harm or harassment. It is typically granted on an emergency basis to address urgent situations where waiting for a formal hearing could result in irreparable damage or danger.
A Temporary Restraining Order under Chapter 6 of the Texas Family Code, provides immediate injunctions (orders) from a court to limit conduct by parties in preservation of the protection of parties, or for the preservation of the property of parties.
This can range from prohibitions on moving away with the children, on having certain persons around the children, and in the transfer, hiding, destruction, or needless spending or property while the case is pending.
The Temporary Restraining Order is an important tool to ensure that things go smoothly and are fair during divorce or custody cases, but the help does not stop there. One can request a Temporary Orders hearing to address custody, possession and access, child support, and sort out who lives at the premises, and how the bills get paid.
For more information, call The Barrera Law Firm at 956-428-2822, for a free legal consultation as to one’s rights and legal options.
