When family violence occurs in Houston, victims need immediate protection. Texas law provides several types of protective orders designed to keep you and your children safe. Understanding the differences between these orders — and knowing how to obtain one quickly — can be critical in a dangerous situation.
Types of Protective Orders in Texas
Texas recognizes three main types of protective orders: Emergency Protective Orders (EPOs), which are issued by a magistrate judge, typically at the time of an arrest for family violence, and last 31 to 91 days. Temporary Ex Parte Protective Orders, which are issued by a district court without the abuser present and last up to 20 days until a hearing can be held. Final Protective Orders, which are issued after a court hearing where both parties can present evidence and can last up to two years (or longer in severe cases).
What an Emergency Protective Order Covers
An EPO in Houston can prohibit the abuser from committing further acts of family violence, communicating directly with the victim or their children (except through an attorney), going within a certain distance of the victim's home, workplace, or children's school, and possessing firearms for the duration of the order. Violations of a protective order are criminal offenses in Texas, carrying penalties of up to one year in jail for a first offense.
How to Obtain a Protective Order in Harris County
If you are in immediate danger, call 911. At the time of arrest, you can request that the magistrate judge issue an Emergency Protective Order. For non-emergency situations, you can file for a protective order through the Harris County District Clerk's office. Legal aid organizations and victim advocacy groups can also help you navigate the process.
The Hearing Process
For a final protective order, a hearing will be scheduled within 14 days of filing. At the hearing, you will need to present evidence of family violence, which may include police reports, photographs of injuries, medical records, witness testimony, and text messages or other communications showing threats. An experienced Houston family law attorney can help you prepare a strong case and represent you at the hearing.
How Protective Orders Affect Custody and Divorce
A protective order can significantly impact custody determinations in a Houston divorce. Courts take family violence very seriously when deciding conservatorship and visitation arrangements. A history of violence — documented through protective orders — can limit the abusive parent's access to children and influence property division decisions.
Attorney Terisa Taylor: Protecting Houston Families
Attorney Terisa Taylor has helped many victims of family violence obtain protective orders and navigate the intersection of protective orders with divorce and custody proceedings. She provides compassionate, urgent legal assistance when you need it most. Your safety and your children's safety are always the top priority.
Get Help Now
If you or your children are in danger, do not wait. Contact the Law Office of Terisa Taylor, P.C. immediately. We can help you obtain emergency protection and develop a comprehensive legal strategy for your safety. We serve clients in Houston, Harris County, Fort Bend County, and surrounding areas.