Permanent (Final) Protective Orders
After a court has issued a temporary ex parte protection order, the court will hold a hearing to decide whether to issue a final protection order. Unlike the initial temporary order—which can be issued without an alleged offender (referred to in the application as the respondent) being present in court—hearing, the person who is subject to a protection order will be served notice of the date and time for the final hearing.
It is important for both parties involved to any court ordered hearing, as failing to appear can result in a default judgment for the other side. The hearing for a final order is especially important for the respondent because it often represents his or her best chance to provide new types of evidence that may be able to reduce or eliminate a number of the prohibitions or requirements established in a temporary order.
Lawyer for Permanent (Final) Protective Orders in Georgetown, TX
If you have been served notice in Central Texas of a hearing for a final protective order, it will be in your best interest to make sure you have legal representation.
Law Office of Price & Wiggins, P.C. defends clients accused of domestic violence in communities throughout Williamson County and Bell County, such as Hutto, Belton, Cedar Park, Georgetown, Harker Heights, and several others.
Georgetown criminal defense attorney Michael J. Price can challenge any restriction on your rights and help you achieve the most desirable possibly resolution to your case. You can have our lawyer review your case and discuss all of your legal options when you call (512) 354-1880 to receive a free, confidential consultation.
Texas Permanent (Final) Protective Orders Information Center
- How long will a final protective order remain in effect?
- What options does a person have for discontinuing a protective order?
- Where can I learn more about permanent (final) protective orders in Georgetown?
Under Texas Family Code § 85.025(a), a protective order is effective for the period stated in the order—not to exceed two years—or, when a period is not stated in the order, until the second anniversary of the date the order was issued.
Texas Family Code § 85.025(a-1) does allow the court to render a protective order sufficient to protect the applicant and members of the applicant’s family or household that is effective for a period or more than two years when it finds that the person who is the subject of the protective order:
- committed an act constituting a felony offense involving family violence against the applicant or a member of the applicant’s family or household, regardless of whether the person has been charged with or convicted of the offense;
- caused serious bodily injury to the applicant or a member of the applicant’s family or household; or
- was the subject of two or more previous protective orders rendered to protect the person on whose behalf the current protective order is sought and after a finding by the court that the subject of the protective order has committed family violence and is likely to commit family violence in the future.
Texas Family Code § 85.025(c) establishes that when the person who is the subject of a protective order is confined or imprisoned on the date the protective order would expire under Texas Family Code § 85.025(a) or Texas Family Code § 85.025(a-1), or if the protective order would expire not later than the first anniversary of the date the person is released from confinement or imprisonment, the period for which the order is effective will be extended, and the order then expires on:
- the first anniversary of the date the person is released from confinement or imprisonment, if the person was sentenced to confinement or imprisonment for more than five years; or
- the second anniversary of the date the person is released from confinement or imprisonment, if the person was sentenced to confinement or imprisonment for five years or less.
A person who is the subject of a protective order is entitled under Texas Family Code § 85.025(b) to file a motion not earlier than the first anniversary of the date on which the order was rendered requesting that the court review the protective order and determine whether there is a continuing need for the order.
Texas Family Code § 85.025(b-1) states that a person who files a motion under Texas Family Code § 85.025(b) cannot file not more than one subsequent motion requesting that the court review the protective order and determine whether there is a continuing need for the order.
Under Texas Family Code § 85.025(b-2), a protective order will remain in effect until the date originally listed if the court does not make a finding that there is no continuing need for the protective order. When the court does find there is no continuing need for the protective order, it will order that the protective order expires on a date set by the court.
Crime Victims | Protective Orders | Texas Attorney General — On this section of the Attorney General’s website, you can find answers to frequently asked questions about protective orders. You can also access a Domestic Violence Protective Order Kit and learn more about other available options. The website features a wealth of other additional information about victims and their rights.
Domestic Violence Protective Orders in Texas | Texas Council on Family Violence (TCFV) — TCFV is a 501(c)(3) nonprofit organization whose members include “survivors, family violence service providers, business professionals, communities of faith, and concerned individuals.” View the full text of a TCFV brochure discussing domestic violence protective orders. Learn more about the requirements for a final protective order, preparing for a final protective order hearing, and how long a final protective order will last.
Find a Permanent (Final) Protective Orders Defense Attorney in Georgetown, TX
Were you recently served notice of a final hearing for a protective order in Central Texas? Make sure that you contact Law Office of Price & Wiggins, P.C. before attempting to represent yourself during any hearing.
Michael J. Price is an experienced criminal defense lawyer in Georgetown who represents individuals in Killeen, Temple, Taylor, Round Rock, Leander, and many other surrounding areas of Williamson County and Bell County.
Call (512) 354-1880 or complete an online contact form to have our attorney provide a an honest and thorough evaluation of your case during free initial consultation.