Dallas, TX family law attorney, Paula Lock Smyth addresses a protective orders matter in a situation where someone is afraid of their spouse.
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A protective order is very important tool that we have when there’s been family violence in a relationship or in a marriage. Also, Texas has the provision for a protective order for dating violence or for stalking. So we have a little bit more a broader range of situations that we can use a protective order in now.
If there’s been family violence then we apply for a protective order. Oftentimes we need an affidavit outlining exactly what family violence has been committed. Sometimes one episode of family violence can be enough for the court to grant a protective order sometimes it needs to be multiple it depends on the facts of each case. The best part of a protective order is once it’s granted, the police can enforce it. So if a spouse or someone else ordered to stay at least 400 feet away from the other party if that person comes within 400 feet, they call the police, and that person can be arrested right then.