Can a Protective Order Stop Domestic Violence?

 Posted on October 24, 2024 in Family Law

One of the most traumatic forms of violence a person can deal with is domestic violence. If you are a victim, the family you should be able to trust and the place that is supposed to be your safe space may be the sources of the biggest dangers in your life.

Fearing for your safety is an awful experience to go through, but there are steps the legal authorities can take to protect you, including protective orders, commonly referred to as restraining orders. If you or your children are suffering domestic violence, speak with an experienced Llano, TX family law attorney about pursuing a protective order.

What Type of Domestic Abuse Qualifies for a Protective Order?

You might be surprised to learn that protective orders are not only issued for actual physical violence. They are commonly used to address various types of abuse in intimate relationships, including:

• Physical abuse: When a parent or significant other kicks, hits, chokes, slaps, or uses weapons

• Sexual abuse: When a parent or significant other forces unwanted touching and sexual acts.

• Emotional abuse: When a parent or significant other engages in verbal attacks, manipulative and controlling behaviors, threats, or stalking.

How Does a Protective Order Help?

A protective order provides domestic abuse victims with vital safety measures. It legally prohibits the abuser from:

• Contacting specified individuals

• Coming near specified individuals

• Going to specified locations, including victims’ homes, schools, or places of work

This offers a great deal of peace of mind, in addition to practical protection. Violating a protective order can be punished by criminal charges, resulting in fines, jail time, or both, so it is a good motivator to keep your abuser away from you or your children.

How Does an Emergency Protective Order Work?

There is a court process for obtaining a protective order, but if you have reason to believe you are in real danger of being hurt before the process is resolved, you can request an emergency protective order from your local court office. You will need to provide the following:

• Details about why you are requesting the protective order, including any evidence you can share about injuries and damage caused.

• A description of your relationship with the abuser.

• An explanation of why you believe this person poses an immediate risk to you or your child.

If the order is granted, it will be effective immediately as soon as the abuser is notified. An emergency protective order can last up to 91 days maximum. If you require protection beyond that, you can request a temporary injunction or a standard protective order, which can be effective for up to two years.

It is important to note that protective orders do not always stop violence, and, with certain abusers, protective orders can actually increase the danger of a situation. You know your situation best. Although pursuing a protective order is a good idea to document and prevent violence, if you fear for your life or your child’s life, do not rely exclusively on a protective order. Go somewhere protected where you are safe, such as a shelter or family member’s house, and do not tell your abuser where you are. Always contact the police if you feel you are in immediate danger.

Contact a Marble Falls, TX Protective Order Lawyer

If you are a victim of domestic abuse, contact a compassionate and aggressive Llano County, TX family law attorney who can help you pursue a protective order. At the Law Office of Russ Alan Baker, PLLC, we are dedicated to helping families get past painful chapters and move forward in a healthy and safe environment. Call us at 325-216-2006 to schedule a private consultation.