Filing an Order of Protection Against Your Spouse or Former Spouse
If you need to seek legal protection from your spouse or former spouse, you are not alone. Many individuals ultimately need to seek so-called orders of protection from their current or former significant others. Some do not file for this protection until they have filed for divorce, while others find themselves in need of these legal tools either before they have filed for divorce or even after their divorce has been finalized. Regardless of when you need to file for this protection, you do not have to navigate the legal requirements of this process alone.
Please consider reaching out to our firm today. Our consultations are confidential and they do not obligate you to take any action whatsoever. All consulting with us will do is allow you to make an informed decision as you determine what action may be best for you and any children you may have. If you fear for your safety in speaking with an attorney, please consider calling us on a public phone at a library or perhaps your place of work so that our number does not show up on your cell phone’s call history.
Kinds of Protection Orders
It is worth noting that several different kinds of protection orders exist. Not every order may apply to your situation, so it is important to discuss the kinds of conditions you may need to put in place when you speak to us about your circumstances. There is no time limit that restricts when you can apply for an order of protection. But some orders do last longer than others once they are granted.
The primary kinds of protection orders available are emergency orders, restraining orders and general orders of protection. Emergency orders tend to serve as short-term orders in the wake of a domestic violence arrest. If your spouse or former spouse has been arrested on domestic violence charges, this type of order may or may not have been automatically granted to you. These orders generally only stay in place for up to a week, so it is important to discuss filing for a longer-term order in anticipation of an emergency order’s quick expiration.
Restraining orders tend to serve as a “mid-level” order in terms of duration. These orders tend to apply for the duration of a family legal dispute, like a divorce or child custody case. While in place, these orders dictate limits upon an individual’s ability to contact and/or see the person that the order protects. Once this order is in danger of expiring, more permanent orders can be requested.
Finally, general orders of protection may generally be put into place for a period of one to five years. If a threat still exists near the end of the order’s term, a renewal of sorts may be requested. These semi-permanent orders may require evidence to be submitted and testimony given before a judge will order them.
Legal Assistance Is Available
If you are in need of protection from your former spouse, you do not need to navigate the process of securing that protection alone. Obtaining a formal order of protection is a profoundly brave act. But even the bravest among us can use support now and again. Please consider contacting a family attorney Collin County, TX trusts today so that they can answer your questions confidentially.
Thank you to our friends and contributors at Scroggins Law Group for their knowledge about family law and filing an order of protection.