(512) 236-1315

Austin Protective Order Lawyer

Austin Protective Order Lawyer

Domestic violence is a serious and urgent matter. If you or your child is experiencing family violence in Austin, Texas, a skilled family law attorney can help you pursue a protective order to safeguard your well-being. 

At Kazen Family Law & Divorce Lawyers, we provide strong legal representation for clients seeking protective orders. Our founding attorney, David A. Kazen, brings over 29 years of experience in family law. He is Board Certified in Family Law—a distinction he has held for 19 years. 

Contact Kazen Family Law & Divorce Lawyers today at (512) 236-1315 to schedule a confidential consultation with a trusted Austin protective order lawyer.

How Kazen Family Law & Divorce Lawyers Can Help You With a Protective Order in Austin, TX

How Kazen Family Law & Divorce Lawyers Can Help You With a Protective Order in Austin, TX

Obtaining a protective order is the first step in protecting yourself and your family from family violence. You may need to pursue a divorce, child custody, and other related matters through the family court. Kazen Family Law & Divorce Lawyers can help you with all matters related to domestic violence and protection orders.

When you hire us, you can trust that our legal team will:

  • Explain the laws that apply to protective orders in Texas
  • Discuss your legal options for a protective order and the best option for your situation
  • Prepare and file all paperwork related to a protective order
  • Represent you in all court proceedings and advocate for your best interests
  • Help you navigate matters related to a protective order, including child custody and divorce.

Call now to schedule a free case review with an Austin family law lawyer.

What Is a Protective Order in Austin, TX?

Protective orders are civil court orders that prohibit continuing acts of family violence. The Texas Family Code gives courts the authority to issue protective orders for family violence. 

A person may be eligible for a protective order if:

  • They are the victim of family violence
  • They are related to the abuser by blood or marriage, live together, have a child together, have/had a dating relationship, are/were married, or are members of the same household
  • It is likely that the abuser will continue to commit family violence against the victim

Even though a civil court issued the order, the police can enforce a protective order. Violations of the protective orders could result in criminal penalties.

What Types of Protective Orders Are Available?

There are three types of protective orders the courts may issue. 

Protective orders in Texas include:

Temporary Ex Parte Protective Orders

Ex parte orders are issued without notifying the other party. Temporary protective orders are issued when the petitioner is at risk of ongoing family violence. The petitioner must provide evidence of a clear and present danger for the court to issue a protective order without informing the other party of the request.

Temporary ex parte protective orders are valid for up to 20 days. The court will schedule a hearing within that time. Both parties have the opportunity to present evidence arguing in favor of or against a final protective order.

Final Protective Orders

Final protective orders are issued after a hearing at which the petitioner and the alleged abuser have the chance to present their case to the court. The court must determine that family violence has occurred to issue a final protective order.

Protective orders may be issued for up to two years. 

The court may include numerous terms that the abuser must obey, including, but not limited to:

  • Moving out of the shared residence
  • Not communicating with or contacting the petitioner
  • Staying away from the petitioner and their home, work, and school
  • Ceasing all abuse and threats against the petitioner
  • Not abusing or harming family pets
  • Surrendering all firearms and weapons
  • Not removing children from the petitioner’s care
  • Stopping all attempts to stalk or harass the petitioner

A protective order is usually effective for two years. It is possible to remove a protective order, but you would need to petition the court to drop the protective order. It is ultimately up to the judge whether to remove the order.

Magistrate’s Emergency Protective Orders

A magistrate’s emergency protective order (MEPO) differs from a protective order issued by the family court. A MEPO is issued as part of a pending criminal case. The alleged abuser must have been arrested for family violence for a magistrate to issue a protective order.

The duration of an MEPO is usually 31 to 61 days. The court may issue an order for up to 91 days if the alleged abuser used a deadly weapon to commit assault or domestic violence.

Learn More During a Consultation With an Austin Protective Order Attorney

Whether you are seeking a protective order or defending yourself against allegations of family violence, you need experienced legal counsel. Our legal team at Kazen Family Law & Divorce Lawyers stands ready to help you protect your best interests. Call our office today to schedule a confidential consultation with an Austin protective order attorney to discuss your legal options. 

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Visit Our Family Law Office in Austin, TX

Kazen Family Law & Divorce Lawyers
609 W 9th St Suite 101, Austin, TX 78701
(512) 236-1315

 
 

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