Going through a divorce can be a stressful and overwhelming experience, especially when it involves emotional or physical abuse by a spouse. In such cases, filing for a restraining order or protective order may be necessary to ensure your safety and wellbeing. However, the process of obtaining a restraining order during a Texas divorce can be complex and confusing, requiring you to follow specific legal procedures and requirements. This article aims to provide you with a basic understanding of how to get a restraining order during a Texas divorce.
What Is A Restraining Order?
A restraining order, also known as a protective order, is a legal document that prohibits an abuser from contacting, harassing, threatening, or coming near the victim. It is intended to prevent further abuse and offer temporary protection until a permanent arrangement can be made.
Eligibility for a Restraining Order During a Texas Divorce
To be eligible for a restraining order during a Texas divorce, you must meet certain criteria, including:
- You must have a current or past relationship with the abuser, such as a spouse, partner, family member, or dating relationship.
- You must have experienced physical, sexual, emotional, or economic abuse by the abuser.
- You must be in immediate danger or fear that you or your children could face harm by the abuser.
If you meet these criteria, you may file for a restraining order in the county where you or the abuser lives.
Types of Restraining Orders
In Texas, there are two main types of restraining orders:
- Temporary Restraining Order (TRO) – a court order that immediately prohibits the abuser from contacting or harming you or your children until a hearing can be held.
- Final Protective Order (FPO) – a court order that provides long-term protection from the abuser’s abusive behavior and may include provisions for custody, visitation, and financial support.
How to Get a Restraining Order During a Texas Divorce?
To obtain a restraining order during a Texas divorce, you must follow specific legal procedures, including:
- Filing a petition: You must file a petition for a restraining order with the district court in your county. The petition should include details of the abuse, your relationship with the abuser, and why you need a restraining order.
- Attending a hearing: After you file the petition, the court will schedule a hearing where you and the abuser must appear. At the hearing, you will need to provide evidence of the abuse, such as police reports, witness statements, and medical records, and convince the judge that a restraining order is necessary.
- Obtaining the Order: If the judge grants your request for a restraining order, they will issue with a TRO immediately, which will go into effect once the abuser is served with the order. The TRO will remain in effect until the final hearing is held, after which a FPO may be issued.
It is important to note that a restraining order does not automatically result in a divorce, nor does it guarantee that the abuser will be arrested or prosecuted for their behavior.
Conclusion
Getting a restraining order during a Texas divorce can be a difficult and stressful process, but it is essential to ensure your safety and wellbeing. If you have experienced abuse by your spouse or partner, seek help from a qualified family law attorney who can guide you through the legal process and provide you with the support and resources you need to move forward.