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The use of protective orders in domestic violence situations

Texas residents who have been the target of domestic violence may wish to learn about obtaining a protective order. Depending on the situation in the household, such an order may be an important legal remedy to prevent further serious problems.

A protective order is a court order that can help to lessen the fear and harm resulting from a domestic violence situation. This court order seeks to stop any future domestic violence and identifies specific behavior by a spouse or partner that is prohibited. The court has the freedom to draft the protective order in order to create various restrictions, including one that would prevent the perpetrator from owning or possessing a firearm. A person who violates a protective order may be subject to arrest.

In order to be eligible for a protective order, the petitioner must have been the victim of family violence. This is defined as either a threat or action intended to cause harm from one family or household member to another. Defensive measures for self-protection do not count as family violence. If this type of violence has happened in the household or is likely to occur in the future, the court may grant the protective order. This may not require a police report if the family member is able to testify to the seriousness of the situation.

A protective order can be vital in giving legal protection to a spouse who is threatened with family violence. This type of situation often stems from the behavior of one of the parties in a contentious divorce. A family law attorney can be of assistance to a client who would benefit from the terms of the order.

Source: State Bar of Texas, "Ending the violence: How to obtain a Texas protective order", accessed on March 16, 2015

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Bruce Turner

In addition to his law degree, Bruce Turner has a master's degree in tax law and is Board Certified in Commercial Real Estate Law by the Texas Board of Legal Specialization.

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