Portrait of John K Grubb

Texas Divorce and Prenuptial Agreement

4550 Post Oak Place, Suite 201 • Houston, Texas 77027-3139

Phone: 713-877-8800 • Fax: 713-877-1229

Protective Orders – Who Can File and Whom They Protect

Efforts to put an end to domestic violence have helped victims, but domestic violence remains one of the more common crimes that occur throughout the United States. In fact, estimates range from a fifth to a half of all calls to the police concern domestic violence. In Texas, there are nearly 200,000 domestic violence incidents each year, with between 100 and 200 of those resulting in murder. In domestic violence situations, hesitation only makes matters worse. Victims should seek a protective order as quickly as they can.

Who is eligible to receive a protective order?

In order to obtain a protective order against someone engaging in domestic violence, the relationship between the victim and the offender must meet one of these three conditions:

  1. The victim and the offender must be married or related by blood (spouses undergoing a divorce are eligible to file for a protective order if need be)
  2. They must be currently living together, or they lived together in the past
  3. The two have a child together

Who can file for the protective order?

This person is the one who actually goes to court to obtain the protective order. The victim can go to court to obtain the protective order, but another party may do so as well.

The other parties that can obtain a protective order on behalf of a victim include:

  1. Any adult in the family or household (household is a broad category that includes people who share a house with the victim or did so in the past, whether related by blood or not)
  2. Adults filing on behalf of a child in danger
  3. A prosecutor on behalf of the victim
  4. The Texas Department of Human and Regulatory Services

Have you or a loved one been the victim of domestic violence? Was the court able to respond to your needs?

John K. Grubb & Associates, P.C. – Houston divorce lawyers

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