We serve Harris, Fort Bend, and Montgomery County.
When you or your children are in danger due to another persons violence, threats or harassment, we can help you by requesting a protective order from the judge in your county.
A protective order is when the judge creates an order telling the abuser that they are not allowed to come near you, contact you (can include children). If the order is violated, it is a criminal offense, and consequences will range from an arrest to jail time.
This page will review how we use orders to protect our clients and their loved ones.
Who Can Request a Protective Order?
Under Texas law, a protective order is available to anyone facing violence or threats from any of the following persons:
- Current or ex spouse
- Anyone you live with now or in the past
- A person you are dating now or in the past
- A co-parent, and it does not matter if you have lived together
- Any relative by blood, including by marriage, or through adoption
With a protective order you no longer have to wait for the act to happen. The law allows you to file if you feel unsafe, which includes feeling threatened, being harassed or stalked.
If you are in a situation where you need a protective order, give us a call today to discuss your situation. We can work on your protective order immediately after our consultation. Time to completion of the order will depend on many factors, but the faster you get started, the sooner it can protect you.
Types of Protective Orders Available
There are different types of protective orders available to Texans, with each serving a duration and purpose.
Temporary Ex Parte Protective Order
- These can be granted without the abuser being present
- Duration will be about 20 days, but they can be extended
- Best for those who need immediate protection
- This type of order is based on your sworn affidavit, and includes evidence
Magistrate’s Emergency Protective Order (MEPO or EPO)
- This will usually be issued after there has been an arrest for family violence
- Duration is normally 31–61 days or up to 91 days if a weapon is involved
- This can be requested by a police officer, a prosecutor, or the victim
Final Protective Order
- These are granted after a court hearing
- Duration can last up to two years and longer for more serious cases
- This is for long term protection
Protective Order Reference Table
| Type | How Issued | Duration | Purpose |
|---|---|---|---|
| Temporary Ex Parte | Judge signs without abuser present | ~20 days (extendable) | Immediate safety |
| MEPO/EPO | Judge issues after arrest | 31–91 days | Post-arrest protection |
| Final Protective Order | Court hearing | Up to 2+ years | Long-term protection |
Types Of Restrictions In Protective Orders
In Texas a protective order can include any or all of the following restrictions to keep you safe:
- The abuser cannot contact you by phone, email, text or online social media
- The abuser is ordered to stay-away for your home, work, or school
- The abuser is prohibited from making threats, harassment, or stalking
- They are legally forced to surrender all firearms
- Temporary custody or child support arrangements can be created under a protective order
How To Get a Protective Order in Houston, TX
If you need a protective order, here are the steps you will need to take:
- Evidence — We need to support your case, this means you should save all messages, photos, police reports, and gather witness statements.
- File the Petition — Filing occurs at family court or the district attorney’s office. There are legal aid groups that can also assist.
- Request Emergency Protection — For those in immediate danger, you will want to request a Temporary Ex Parte Order or MEPO.
- Attend the Hearing — For final orders, you will need to attend court in order to present your case; allowing the other party a chance to respond.
- Receive and Enforce the Order — Once you have the order, we recommend you keep copies so you can give one to your child’s school, possible your workplace, and for the police if it has been violated.
- Extensions and Modifications — These types of orders are open for renewal and changes via the court where they were created.
If The Order Is Violated
When a protective order is violated in Texas, it is considered a crime by the police. Consequences will range from:
- An immediate arrest
- Criminal charges ranging from fines to jail time
- Modification of child custody or visitation rights
How Protective Orders Affect Child Custody
Protective orders are often a major factor in a family law case, which can cause courts to:
- Limit or supervise an abuser’s visitation with children
- Award temporary custody to the protected parent
- A child’s safety is prioritized over parent visitation and access
Important Considerations For Cases With Domestic Violence, Protective Orders, and Child Custody Disputes in Houston
- In Harris County and other area courts, proof of family violence will often end a custody challenge, with the victim becoming the sole managing conservator (SMC) for children . As your attorney, we have the resources to investigate circumstances, build your case, and take every available legal action on your behalf.
- Issuance of any type of protective order against you can be very challenging to overcome in custody litigation — making it essential to do everything you can to avoid one in the first place, or get quality representation to contest it in your hearing.
Some Houston protective orders are handled in and issued by family courts, and others by criminal courts. You need an attorney — such as Mr. Burwell — who is comfortable appearing in either.
It is an unfortunate reality that false allegations of domestic violence are often used as leverage, in the effort to get what a person wants in a divorce or other family law dispute. “He said; she said” cases are notoriously difficult to unravel, but we have the investigative skills to distinguish valid from unjust claims.
Common Questions About Protective Orders
Do I need a family law attorney? It’s possible to apply on your own, however an attorney can make sure these orders are both completed efficiently, and protect you properly. They can also help you gather evidence, and ensure the judge hears your side of the story in a manner that enforces the need for a protective order.
Are protective orders valid outside Texas? Under federal law, protective orders are honored by other states.
Can A protective order be rescinded or cancelled in Texas? Yes, but the cancellation will need to happen in the court where the order was issued.
Resources and Help
If you need help now, you can contact any of the following orgnaizations:
- Texas Family Violence Legal Line: 1-800-374-4673
- AVDA (Houston): avda.org — Legal services and advocacy
- Texas State Law Library Protective Order Guide: guides.sll.texas.gov/protective-orders
Our Protective Order Lawyers are Here to Help
Our reputation in the family law courts of Fort Bend, Harris, and Montgomery county is invaluable. As your attorney, you can rely on us to work tenaciously to pursue your interests, but in order to do that well, we need to know the facts and believe in your case.
To discuss your protective order with attorney Edward C. Burwell, please contact our office in Houston today.