How to Protect Your Family with Domestic Violence Protective Orders in Tyler, TX
Domestic violence impacts countless individuals and families every single day. It’s a pervasive issue that can easily leave behind a trail of emotional, physical, and psychological scars. The best way to protect yourself and your family is through domestic violence protective orders in Tyler, TX. It is so important to know that you are never alone, even when it may feel like you are. You have legal avenues available to help ensure safety and well-being.
In this guide, we will provide you with everything you should know about protection orders for domestic violence, including how they work, who is eligible, and how you can obtain one. We hope this guide helps you navigate those challenges.
What is a Domestic Violence Protective Order (DVPO)?
A protective order is a civil court order that is meant to protect a victim. In the case of DVPOs, the protection is specifically for domestic violence to help prevent further abuse. This order requires the person who is being violent to cease certain actions and stay away from the victim filing for protection, as well as any parties named in the order. This is typically the victim and any children, but there could be locations or other people named as well.
A domestic violence protective order will include a range of provisions that follow standard protocols but are tailored to the unique details of the situation. These are some things that might be covered:
- No-Contact Orders: Prohibiting the abuser from contacting you directly or indirectly (including through third parties, phone calls, texts, emails, or social media).
- Stay-Away Orders: Mandating the abuser to maintain a certain distance from your home, workplace, children’s school or daycare, and other specified locations.
- Exclusion from Residence: Ordering the abuser to move out of a shared home.
- Temporary Child Custody and Visitation: Establishing temporary arrangements for children’s care and ensuring safe visitation.
- Temporary Possession of Property: Granting temporary possession of essential items like a vehicle or pets.
- Firearm Prohibition: Prohibiting the abuser from possessing or purchasing firearms and ammunition.
- Mandatory Counseling/Treatment: Ordering the abuser to attend counseling or treatment programs.
This order is a civil order by the court, but it does not incriminate or convict of a specific crime. When someone violates a protective order, that is considered a criminal offense and they can be arrested by law enforcement.
Who Is Eligible?
The eligibility requirements for a domestic violence protective order can vary by state, but generally there needs to be proof and an actual relationship. The victim must be in a qualifying relationship with the abuser, and there should be evidence to demonstrate the domestic violence that has occurred. The common qualifying relationships are things like partners, current and former spouses, cohabitants, co-parents, dating relationships, and familial relations.
These are some of the most common abusive behaviors:
- Causing or attempting to cause physical injury
- Placing someone in fear of imminent serious bodily injury
- Sexual assault or attempted sexual assault
- Stalking
- Harassment that causes substantial emotional distress
- False imprisonment
How to Obtain a Domestic Violence Protective Order
You should plan to work with a lawyer to obtain a domestic violence protective order. At Hager Law, we are familiar with the Texas laws and requirements, allowing us to quickly help you and be successful in getting an order approved.
These are some steps you can follow:
- Safety First: If you are in immediate danger, call 911. Your safety is the most important thing.
- Contact a Domestic Violence Attorney: Local domestic violence attorneys have the skills and knowledge. They may also be able to connect you to other support resources that advocate for victims.
- File an Application: We will help to complete and file an application with the court. This document will require you to detail the acts of domestic violence you have experienced, including dates, times, and specific incidents. Be as thorough and descriptive as possible.
- Temporary Protective Order (Ex Parte Hearing): In many cases, once you file the petition, a judge will review it quickly (sometimes the same day or next business day) to determine if there is an immediate and present danger. If so, they may issue a temporary protective order, which provides short-term protection until a full hearing.
- Service of Process: The abuser must be legally “served” with the temporary protective order and notice of the upcoming hearing. Law enforcement or a private process server usually handles this.
- Full Hearing: A full hearing will be scheduled, typically within two weeks of the temporary order being issued. At this hearing, both parties will have the opportunity to present their case, evidence, and witnesses to the judge. The judge will then decide whether to issue a final DVPO.
Get Help with Domestic Violence Protective Orders in Tyler, TX, from Hager Law
If you’re in need of protection or help with a domestic violence protection order, we are here for you. This is your first courageous step towards reclaiming your life. You deserve to live free from fear and abuse.