It isn’t uncommon for one spouse to seek a final protective order against the other spouse before they decide to file for divorce.
While some couples are able to part ways amicably after their marriage has gone sour, others aren’t as fortunate. If you want to file for divorce in Houston, Texas but are fearful that it will anger your spouse or put you in danger, you can obtain a restraining order (i.e. a protective order) before you submit your divorce petition.
The state of Texas issues three types of protective orders that can be used in cases of family violence. Learn more about each of these protective orders down below.
- Temporary ex parte protective order
A temporary ex parte protective order can be issued by your local civil court without your spouse present and without a hearing1. When a judge issues this type of order, it remains in effect for up to 20 days and stipulates the type of acts the person you’re seeking protection from must refrain from doing.
It’s worth noting that you can also request to have the temporary ex parte protective order extended for an additional 20 days. If you think this level of protection suits your needs, there are divorce lawyers who can help you get your paperwork filled out and filed.
- Final protective order
A final proactive order can also be issued by the civil court in the county where you or your abuser lives. These types of orders last much longer than temporary ex parte protective orders, sometimes as much as two years. However, depending on the circumstances, a judge could order to extend it even longer.
It isn’t uncommon for one spouse to seek a final protective order against the other spouse before they decide to file for divorce. If you’d like to learn more about how to obtain a protective order in Texas, USAttorneys.com can connect you with experienced Houston divorce lawyers in your area now.
- Magistrate’s order of emergency protection (MOEP)
A MOEP, often referred to as an emergency protection order, is issued by a criminal court, but only after the abuser is arrested for committing a violent act targeting their family. With this type of order, you aren’t required to be present in the courtroom. Emergency protective orders remain active anywhere from 31-61 days in Texas, or up to 91 days if the act involved a deadly weapon.
Have additional questions or need help starting the divorce process?
If you want to file for divorce but haven’t due to some concerns, USAttorneys.com can put you in contact with Texas divorce lawyers near you who are prepared to address them. Divorce lawyers understand the pressures divorces can bring on and only seek to lessen the burden for you and your family.
In the event children are involved, we can also help you find child custody lawyers in your area who can answer any questions you might have.
Have questions about this article or a legal concern? Call 800-672-3103.