What is a protective order? What are the basic steps to getting a protective order?
In the family-law context, a protective order is a court order that protects a person from someone who has been violent or threatened to be violent. For example, the PO can order the other violent person to do things like: not hurt you or threaten to hurt you; not to contact you or go near you, your children, other family relatives, your home, workplace, or your children’s schools; and suspend the violent person’s right to carry a gun. Someone who violates a PO can be fined civilly or arrested and sentenced to jail time.
Someone can generally apply for a protective order through the district or county attorney, a private attorney, or through a legal-aid service program. This first step is to file an application for protective order, which can be done at the county courthouse. A judge will review the petition after the application is filed, and the clerk of the court will deliver notice of the application to the violent person. A hearing will be set (usually within two weeks), and the judge will decide if you should have protection and for how long. In many cases, the judge will issue a temporary ex parte protective order, which protects the person during the time between filing the application and the hearing. More information on obtaining a PO (including forms) can be found at www.texaslawhelp.org.
Always remember, however, that in the end, a PO is nothing more than a piece of paper. As the Travis County Web site states, a PO “is not bullet proof. It cannot stop knives or fire. It does not offer 24-hour police protection. It can not keep you safe from someone who has no impulse control, and isn’t worried about being arrested.”
Even if you obtain a PO, it is still important that a victim (or potential victim) speak to a domestic-violence counselor. Contact the Women’s Advocacy Project (476-5770) or SafePlace (267-SAFE) immediately for more information.
This article appears in July 21 • 2006.