Protective Orders


            The Texas Family Code provides help for those who are victims of domestic abuse through the authorization of protective orders.  They are available for yourself, another adult family member, or a child of the household who is a victim of domestic violence.  Texas takes this situation very seriously, and there are mechanisms in place to protect you and your family from abuse.  Whether or not you are currently involved in a divorce, you can get a protective order to ensure your safety from an abusive spouse. 

If you need immediate relief, the court can issue what is called a Temporary Ex Parte Order in emergency situations without notifying the abuser, which may be your first line of defense in a family violence situation.  Later that temporary order can be extended if no final resolution has been found.  You can also, under certain circumstances, have the abuser removed from your home to ensure your safety. The law is on your side in this situation, you just need someone who can explain it to you in plain English. Call me today and I will walk you through the process to get your protective order or temporary restraining order in place to ensure the safety of your family.

Protective orders are also available to those in a dating relationship, so there is a remedy for you if your significant other is abusing you and you are not married.  Depending on the length and nature of your relationship, you may be able to take advantage of this statute to protect yourself and your family from violence and abuse in a dating relationship.  If you are in this situation, you are not alone.  There is help for you provided by the law and by the Courts in Texas.  Call me today and I will help you understand what options are available for you to secure a protective order against someone you are or were dating.

            A protective order or temporary restraining order will protect you by ensuring that the abusive party will face criminal and civil penalties for violating the terms set out by the court.  The idea is to create a safe space for your family that cannot be invaded by an abuser, and to give you the tools you need to keep them out.  You need a tough family law attorney on your side to make sure your story is heard in the courts, and to make sure your family is safe.  I will listen to your concerns and give you the support you need to protect yourself and your children.  I will also stay involved with you throughout the entire process to ensure that the order is properly in place and is enforced if necessary. You do not have to go through this alone. Call me today to discuss your questions about protective orders and temporary restraining orders. 


            Shawn Smith is an experienced family law attorney serving the counties of Bexar, Guadalupe, Hays, Comal, Wilson and more.  Call today for your free consultation, available nights and weekends for your convenience.

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