Restraining Orders in Divorce Family Law Cases
Restraining and Protective Orders in Divorce and Family Law Cases
Many people assume that restraining orders are only obtained during divorce cases in Texas as a result of extreme violence. While domestic violence is certainly a valid reason, restraining orders can be obtained for multiple other reasons during a divorce case in Denton as well, including the following:
- To prevent a spouse from entering the marital home.
- To prevent a spouse from entering a vehicle of the marriage.
- As a result of one spouse changing insurance policy coverage.
- The result of a spouse’s unwise spending habits, such as recklessly giving away property.
- A child has been threatened or otherwise harmed by a parent
Naturally, a protective order is not something to be used lightly or for vindictive reasons. However, if you believe a protective order is necessary to protect you and your children, you should contact your local District Attorney’s office to obtain an application immediately. A protective order is especially critical to stop an abuser from committing violent acts, including threatening, harassing or stalking.
The attorneys at Bowen Law Group provide legal assistance to individuals and families throughout North Texas, including Denton, Wise, Cooke and Tarrant counties. Our highly skilled and knowledgeable lawyers offer representation concerning a number of divorce and family law issues in Denton, including motions for a protective order or a restraining order. At the same time, we also represent clients who wish to oppose motions for such orders. If you live in Denton and are seeking to obtain or oppose a restraining order, don’t wait. Contact Chrysandra S. Bowen today in order to get the help you need.
Things to Remember about Restraining Orders and Protective Orders
- A restraining order and a protective order are not the same thing. A restraining order prohibits someone from engaging in behavior that has been restrained by the court, while a protective order is a court order that makes one person stay away from another. Only a protective order is criminally enforceable, which means the police can immediately be called for assistance and the person in violation of the order can be arrested.
- You do not need to be married to someone in order to get a protective order or restraining order against them. If you and the abuser are divorced, lived together, had a child together (even if you weren’t married), or had a dating relationship, you meet the requirements to obtain a protective or restraining order. You can also obtain one if you and the abuser are related by blood, or are foster parent and foster child.
- You must go to court in order to get a protective order or a restraining order. At the same time, the person you want to serve the order against must have the opportunity to come to court on the hearing day and object to the order.
- You cannot get a protective order due to mental abuse alone. You must show that physical abuse (hitting, choking, kicking, slapping, etc.) has occurred in the past or is likely to occur in the future (due to a clear and imminent threat of violence). Mental abuse and emotional abuse are not part of the definition of family violence in the Texas Family Code.
- A protective order can be in effect for up to two years, and can be renewed if necessary.
If you have questions or would like additional information about restraining orders, protective orders or other aspects of divorce law, contact our office in Denton today. Our phones are answered 24 hours a day, 7 days a week, allowing you to consistently get immediate assistance when you need it.