Your right to protect yourself and your family from a perceived or actionable threat is provided for and protected by the Texas court system. That being said, securing the protection is the tricky part. The statutes are very specific about the instances that warrant a court-supported order, and the individuals that order protects. So, what are the prerequisites for obtaining a protective order against someone if they have harmed or threatened to harm you or your family? This article will cover the basic applicable points.
What is the Difference Between Individual and Family Orders of Protection?
Individual and family orders of protection are handled differently under the law. However; the burden of proof is the same. Filing for this type of protection means that you must and can prove violence has occurred in the past or that a threat of violence is likely to come to fruition in the future. Neither possibility is a comforting thought, nor do the outcomes create a safe and healthy environment for your family members. Where petitioners run into trouble is proving their case. As clear as a threat might seem outside of the courtroom, in order for the protection to stem beyond those doors, your case has to stand up.
The first step in doing that is applying for the order. Any member of the family or household where the violence may occur is eligible to apply for protection. The protection extends to all members of the household. Under the Family Code, a family member is defined as, “a person or persons related by blood, adoption, or marriage.”
There is also a dating violence provision within the code. If the petitioning party has dated the person that they are filing an order against and the couple has a child, they are subject to protection under the code. However; that protection doesn’t apply to anyone other than the filing party and their child.
How can Legal Representation Help in a Protective Order?
When harm or the threat of harm is involved, it is in your best interest to secure proper legal representation. Legal counsel can help you protect your family with an extensive and specified order. You can add provisions that prohibit the threatening party from owning or purchasing a firearm. These extra steps and the experienced knowledge of the right attorney ensures that your request is taken very seriously.
The gravity of these situations needs to be considered and weighed carefully. No one wants to risk a violent occurrence or any harm coming to family members. The laws are there to protect the health and safety of everyone involved. To safeguard that, get the legal backbone you need to prove your case without stall-outs or hiccups.
Stockard, Johnston, Brown, Netardus & Doyle, P.C. in Amarillo, Texas can support and validate your request. In emergency situations, they can fight to expedite the process. Your case will be handled with sensitivity and expertise. Contact the firm for a consultation and find out what they can do for you and your family.