Protective Orders (POs) in Texas are powerful civil tools designed to prevent family violence, sexual assault, human trafficking, or stalking. While they are crucial for victim safety, the legal process surrounding them is often misunderstood.
Here, we debunk five of the most common myths about Protective Orders in Texas.
Myth #1: An Emergency Protective Order (EPO) is the Same as a Protective Order (PO)
Reality: False. EPOs and POs are entirely different legal instruments.
EPO (Emergency Protective Order): This is a short-term order issued by a magistrate judge, typically following an arrest for family violence. It lasts only 31 to 91 days and is meant to provide immediate, temporary distance while the criminal case is pending.
PO (Protective Order): This is a long-term civil order issued by a district or county court judge. To obtain one, the victim (Applicant) must prove in a formal court hearing that family violence occurred and is likely to occur again. A PO typically lasts for up to two years.
Myth #2: Protective Orders Only Apply if the Abuse was Physical
Reality: False. Physical violence is not the only ground for obtaining a PO.
Texas law defines “family violence” broadly to include physical abuse, sexual abuse, and certain forms of non-physical harm.
Grounds for a PO include:
- Family Violence: Actions that are intended to cause physical harm, injury, assault, or sexual assault.
- Dating Violence: Violence between individuals in a dating relationship.
- Stalking: Engaging in a pattern of behavior that the respondent knows or reasonably should know will cause the victim to feel harassed, annoyed, alarmed, or tormented.
- Human Trafficking: Actions related to trafficking.
Myth #3: Only the Victim can Request a Protective Order
Reality: False. While the victim often files the application (as the Applicant), Texas law allows others to apply for protection on the victim’s behalf, particularly when the victim is a child or incapacitated.
An application may be filed by:
- An adult family member of the victim.
- A guardian of the victim.
- The Texas Department of Family and Protective Services (DFPS) if the victim is a child.
- A prosecuting attorney (in certain circumstances).
Myth #4: If I Reconcile with the Abuser, the Protective Order is Automatically Canceled.
Reality: False. A Protective Order is a court order and remains legally binding until a judge officially modifies or vacates it.
Reconciliation, cohabitation, or mutual consent to contact does not automatically cancel the order.
Even if the protected person allows contact, the Respondent (the person the PO is against) can still be arrested for violating the order, as the violation occurs when the Respondent attempts contact or approaches the protected person.
If you reconcile, your attorney must formally petition the court to have the existing PO vacated.
Myth #5: Violating a Protective Order is a Minor Offense.
Reality: False. Violating a Texas Protective Order is a serious criminal offense.
A first violation is a Class A Misdemeanor, punishable by up to one year in jail and a $4,000 fine. Subsequent violations can be charged as a Third Degree Felony, punishable by 2 to 10 years in prison.
Protect Yourself: Seek Legal Guidance
Protective Orders are complex and carry significant legal weight. Whether you are seeking protection or have been served with an application, do not rely on rumors or myths. Your safety, freedom, and future depend on understanding the actual Texas law. That’s why Edgett Law Firm is here to help you with your legal troubles. Call us at 972-424-0760 or go to edgettlawfirm.com/contact/