Texas Protective Orders: Update to Texas Family Violence Protective Orders

In September 2023, Texas lawmakers introduced a significant update to the state’s family violence protective order laws. With the passage of House Bill 1432, victims of domestic violence no longer need to prove that future violence is “likely to occur” to secure a protective order. This groundbreaking change simplifies the process, providing survivors with the legal protections they need without unnecessary obstacles.

For those impacted by domestic violence, the updated law offers a more accessible and compassionate route to obtaining a protective order. Previously, victims had to demonstrate that their abuser posed a credible threat of future violence—a daunting requirement, especially for those already grappling with emotional and physical trauma.

The new law removes the need to prove future harm, shifting the focus entirely to past incidents of abuse. This critical change provides survivors with immediate access to protective measures without enduring the emotional burden of forecasting potential future assaults.

Benefits of the Updated Law for Victims:

1. Reduced Emotional Burden
   Survivors no longer have to predict or prove future violence, enabling them to focus on their safety and recovery without added strain.
2. Easier Access to Legal Protections
   The streamlined process eliminates one of the most common defense arguments in protective order hearings, increasing the likelihood of an agreed protective order. This ensures faster relief and safety for survivors.

Texas’s updated laws demonstrate a commitment to prioritizing the safety of domestic violence survivors, making the legal system more accessible and effective.

If you’re on the receiving end of a protective order application, your next steps depend on whether it includes an Ex Parte Protective Order or is solely an Application for Protective Order.

Key Considerations:

• Ex Parte Protective Orders
  These orders, served by a constable, come with strict conditions that must be followed. Violations—including contacting the protected individual, approaching prohibited locations, or engaging in threatening behavior—can result in serious consequences, including criminal charges.
• Applications for Protective Orders
  If it’s just an application, take immediate steps to prepare for the upcoming hearing. Consulting an attorney to understand your rights and responsibilities is critical.

Noncompliance with any protective order conditions will not only anger the judge but may also strengthen the case against you.

Protective orders in Texas can be obtained under two legal avenues:

1. Texas Family Code
   • Applications can be filed by any adult family or household member to protect themselves or their family members.
   • Cases must involve family violence, defined as acts intended to cause harm or reasonably placing someone in fear of imminent harm.
2. Texas Penal Code
   • Protective orders can also be pursued in cases involving criminal offenses.

The reform under House Bill 1432 makes it easier for victims of family violence to seek legal protection, providing a critical step toward safety and justice for survivors.

Family violence is an issue that affects countless individuals and families across Texas. The changes introduced by House Bill 1432 represent a critical step in addressing this pervasive problem by removing unnecessary legal hurdles for survivors seeking protection.

By eliminating the requirement to prove future harm, the law shifts the focus to the abuse survivors have already endured, making it easier for them to access protective measures. This reform acknowledges the emotional and practical challenges survivors face, ensuring the legal system works to protect them rather than creating additional barriers.

Ultimately, the new law reinforces Texas’s commitment to prioritizing the safety and well-being of domestic violence survivors, empowering them to seek justice and security without delay.

The updated family violence protective order laws in Texas reflect a profound change in how the state approaches domestic violence cases. By simplifying the process for obtaining protective orders, the law offers hope and immediate relief for survivors while also setting clear expectations for those who must comply with protective order conditions.

Whether you’re seeking protection or responding to an application, it’s crucial to understand the implications of these legal changes. For survivors, it provides a path to safety without unnecessary legal barriers. For those facing an application, understanding your rights and responsibilities is essential to navigate the process effectively.

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