Protective Orders

What is it?
A protective order is a court order issued by a county or district judge for the protection of victims of family violence.

Who can apply for a protective order?
To qualify, you and the person who committed the family violence must be related in one of the following ways:
1. Persons related by blood or marriage.
2. Ex-spouses.
3. Household members or former household members.
4. Persons who have had a child together.

When can a protective order be filed?
A protective order MAY be filed when the following circumstances have occurred:
1. Physical harm, bodily injury, or assault, or the threat of one of these acts has been committed against you.
2. You are likely to be the victim of future family violence if a protective order is not granted.
3. An address is available where the person who committed the family violence can be served with notice of the protective order and the date of the court hearing.

What can a protective order do?
1. Prohibit the abuser from committing acts of family violence or from threatening to commit family violence against the victim.*
2. Prohibit the abuser from going near your home, place of employment, and the day care or school of your children.*
3. Prohibit the abuser from removing or hiding your children or a child member of your family from you.
4. Grant you the exclusive use of your residence, even if you and the abuser lived there before the order is granted.**
5. Set orders giving the abuser visitation with his / her children.
6. Order the abuser to pay child support.**
7. Prohibit the abuser from selling or transferring property co-owned by you and the person.
8. Order the abuser to attend counseling or a batterer's treatment program.

*VIOLATION OF THIS PROVISION CAN RESULT IN THE ARREST OF THE ABUSER.
** Certain statutory requirements must be met before these provisions may be included in a protective order.

How can you obtain a protective order?
1. Private attorneys may file protective orders. The fees charged by private attorneys for protective orders range from $250-$1500. You may contact Williamson County Lawyer Referral Service at (512) 863-2191 or the State Bar Lawyer Referral Service at (800) 252-9690 in order to receive names of lawyers who handle protective orders.
2. The Williamson County Attorney's Office may also file protective orders for people who meet their guidelines. You may contact the County Attorney's Office at the following numbers:

Georgetown	943-1111
Round Rock	930-4459
Taylor	352-3661 ext. 4459
Leander	930-4459

 

What are the guidelines of the Williamson County Attorney's Office?
1. You must be a resident of Williamson County.
2. You must fall under a set of income guidelines, taking into account monthly take-home pay, number of children, and other factors.
3. You must be prepared to take other action to ensure your safety. You are encouraged to file criminal charges through the appropriate law enforcement agency. If you do file charges, bring a copy of the offense report to the County Attorney's Office.

If family violence is involved an assault, then a complaint may be filed through the local Justice of the Peace office. A copy of the complaint also needs to be obtained and brought to the County Attorney's Office. An arrest warrant may then be issued by the Justice of the Peace to arrest the batterer.

Call the County Attorney's Office directly for more information.

What is the procedure for getting a protective order?
Once you have a lawyer, you will be asked to provide specific information about the family violence that has been committed against you. This information is presented to a Judge so he can determine whether or not a protective order should be granted. If the information in the protective order application shows there is a clear and present danger of family violence occurring again in the future, you will get a temporary protective order which lasts up to 14 days; after that, if the Court finds there has been violence or there is likely to be violence in the future, you will get a final protective order that lasts up to one year.
You may or may not have an actual hearing on the temporary or final protective orders. The battering person may agree to a protective order and a hearing will not be necessary. If a hearing is necessary, however, be sure to inform your attorney of all potential witnesses who saw or know of the acts of family violence.