Family Violence/Protective Orders in Texas

All too frequently, divorcing couples have had a long history of inflicting physical harm or bodily injury upon one or both of the parties. The courts will not tolerate any family violence.

The court can enter a protective order that prohibits one person from committing family violence against another. The protective order usually goes so far as to prohibit one person from even going near the other person's residence or place of employment. A copy of the protective order is given to the police.

VIOLATION OF A PROTECTIVE ORDER IS PUNISHABLE BY A FINE OF UP TO $5,000 OR CONFINEMENT IN JAIL FOR UP TO ONE YEAR, OR BOTH.  FURTHERMORE, IT IS UNLAWFUL FOR ANY PERSON WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION. ALSO, NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THE ORDER MAY GIVE PERMISSION TO ANYONE TO IGNORE THE PROTECTIVE ORDER.

Your spouse cannot waive the requirements of a protective order. If your spouse invites you over for dinner, and you go, as soon as you arrive your spouse can call the police and off to jail you go – it is no defense that your spouse invited you over.

If you have been involved in family violence, either as a victim or as the abuser, I urge you to get professional counseling. Professional counseling can break the cycle. Also please let me know the details so we can discuss a protective order.

John K. Grubb practices family law in Houston. He has a BBA, MBA, and a JD Degree. He can be reached at (713) 877-8800. View his website and Divorce Magazine profile.

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