There are three categories of protective orders under Texas law for which San Marcos Family Law provides legal representation: (1) Title 4 Protective Orders under the Texas Family Code, (2) Chapter 7B, Texas Code of Criminal Procedure Protective Orders (often “stalking protective orders”), and (3) a Magistrate’s Order for Emergency Protection. Violation of any of these protective orders is a crime.

Title 4 Protective Orders are protective orders with which most people are familiar, and are used to protect the person filing a protective order from family violence. An applicant must not only prove to the trial court that family violence was perpetrated on the applicant and/or the applicant’s child, and that family violence is likely to occur in the future. One can be on both sides of a Title 4 Protective Order; as one can be the person seeking protection (applicant) or the person against whom a protective order is sought (respondent). The consequences of the granting of a protective order can be severe. First, the protective order can order the respondent to stay away from the applicant for a period not to exceed two years, and second, the finding of family violence can have other effects on the respondent and a family law case with children.

In granting a Chapter 7B protective order, the court must only find that there are “reasonable grounds to believe that the applicant is the victim of sexual assault or abuse, stalking or trafficking.” These types of protective orders can last up to the lifetime of the offender and the victim.

A Magistrate’s Order for Emergency Protection, is a family protective order issued by a magistrate when a person is arrested for family violence, or is arrested for sexual assault, stalking or human trafficking. An arrest alone is sufficient grounds for issuing the order. Typically, before a person is released on bond after as arrest (for reasons stated above), the Magistrate’s Order for Emergency Protection will be issued. These will last a minimum of 31 days and a maximum of 61 days. If a deadly weapon was used or even displayed, the Order will last a minimum of 61 days and a maximum of 91 days.

Our protective order attorneys assist in the applying for, or responding to, Title 4 Protective and Chapter 7B protective orders. We can also assist in modifying Magistrate’s Order for Emergency Protection. Please let us know if we can help you.

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