Every year, thousands of individuals in Houston experience the devastating effects of domestic violence. Victims often face physical and emotional harm, and without intervention, the cycle of violence can continue.

For victims of domestic violence, a protective order is a vital legal tool that provides an essential layer of safety. In Houston, a protective order—commonly known as a restraining order—offers legal protection and can prevent further abuse from an abuser. However, navigating the legal process of obtaining a protective order can be daunting and confusing.

This blog will outline the steps to take to get a protective order in Houston, the protections a protective order offers, and how a domestic violence lawyer in Houston can provide the expertise and support needed to navigate the process.

What is a Protective Order?

A protective order is a legal document issued by a court to protect an individual from abuse, harassment, or threats. It is an essential tool for victims of domestic violence, as it can offer immediate relief and long-term protection. A protective order can:

• Prevent the abuser from contacting or approaching the victim
• Remove the abuser from the shared home or residence
• Order the abuser to stay a certain distance away from the victim’s workplace, school, or other frequented locations
• Grant temporary custody of children to the victim
• Establish temporary financial support if necessary

Understanding the protections a protective order can offer is essential before proceeding with the legal process.

Steps to Obtain a Protective Order in Houston

1. Determine Eligibility

To apply for a protective order in Houston, the victim must be able to prove that they are a victim of family violence, which includes physical harm, threats, or harassment. This can be done by showing evidence such as police reports, medical records, or witness testimonies.

2. File a Petition

A victim must file a petition for a protective order in the family court in the county where they live. The petition will outline the specific incidents of domestic violence and why protection is necessary. This is the initial step in the legal process.

• Where to File: Protective orders are typically filed in the county where the victim resides.
• Filing Fee: In most cases, victims do not have to pay a filing fee. Houston courts offer fee waivers for individuals who cannot afford the cost.

3. Temporary Protective Order

Once the petition is filed, the court may issue a temporary protective order, which offers immediate protection until a full hearing can be scheduled. This temporary order may last for a few weeks, and the abuser will be notified to appear at the hearing.

4. Attend the Hearing

A court hearing will take place to review the petition and determine whether a permanent protective order should be granted. During the hearing, both the victim and the accused will have the opportunity to present their case. It’s important to come prepared with all supporting evidence, such as witness testimonies, medical records, and photographs of injuries.

5. Issuance of Permanent Protective Order

If the judge believes that the victim is at risk, a permanent protective order will be issued. This order can last for up to two years in Houston. In some cases, it may be extended if there is continued danger.

What Are the Protections Offered by a Protective Order?

Once a protective order is granted, the abuser is legally obligated to comply with its terms. Some of the protections offered by a permanent protective order in Houston include:

• No Contact: The abuser is prohibited from contacting the victim in any form, including in person, over the phone, or through digital means such as text messages and social media.
• Eviction from Shared Residence: If the victim and the abuser live together, the abuser may be ordered to leave the home immediately, even if the property is jointly owned.
• Child Custody and Support: If there are children involved, the protective order can grant temporary custody to the victim and set child support requirements.
• Firearm Restrictions: In cases of severe violence, the abuser may be prohibited from possessing firearms or ammunition.

The Role of a Domestic Violence Lawyer in Houston

Securing a protective order can be an overwhelming process, and having legal support can make a significant difference. A domestic violence attorney in Houston can help victims with:

• Filing the Petition: An attorney can ensure the petition is properly completed and filed on time.
• Preparing for the Hearing: With legal counsel, victims will be better prepared to present their case to the judge, including providing evidence and witness testimony.
• Enforcing the Protective Order: A lawyer can assist in ensuring the protective order is properly enforced, taking legal action if the abuser violates the terms.

Having an experienced lawyer on your side is vital in making sure that all aspects of the case are handled professionally and that the victim’s safety is prioritized.

Why It’s Important to Act Quickly

Victims of domestic violence often feel trapped in dangerous situations, and waiting to take action can increase the risks. A protective order can provide immediate protection, but the process must be initiated promptly. If you or someone you know is experiencing domestic violence, reaching out to a legal professional as soon as possible is the best step toward safety and security.

Is a Protective Order the Right Step for You?

If you are experiencing domestic violence, seeking a protective order could be the first step in securing your safety and well-being. However, the legal process can be complex, and it’s important to have the right legal guidance.

Daniel Ogbeide Law offers expert legal services for individuals seeking protective orders in Houston. With years of experience in family law, Daniel Ogbeide and his team provide dedicated and compassionate support to victims of domestic violence, ensuring they have the legal protections they need.

If you are in need of a domestic violence lawyer in Houston, TX, contact Daniel Ogbeide Law today to discuss your case. The firm can help you understand your options and guide you through the process, ensuring your safety is always the top priority.

Contact Daniel Ogbeide Law by calling 832-321-7005 for expert legal help in obtaining a protective order and ensuring your safety.