Going through a divorce is often challenging and emotionally charged, even more so if you need a protection order against your spouse. A protection order, also known as a restraining order, is a court decree that restricts an individual from carrying out certain actions. It is often sought in situations where there is a fear of harm or harassment.
In Texas, a protection order during a divorce can significantly impact proceedings. If you find yourself needing a protection order, understanding the implications can help you navigate the process and protect your interests.
The process of obtaining a protection order
To get a protection order during a divorce in Texas, you need to file a petition with the court. This petition should detail the incidents that prompted the request for the order. If the court finds that there is a clear and present danger of family violence, it may issue a temporary ex parte order immediately. A full hearing usually follows within 14 days, during which both parties can present their case. After the hearing, the court may decide to issue a final protection order that can last up to two years.
The effect on child custody
A protection order may significantly influence decisions about child custody. If a court issued the order due to concerns about a child’s safety, it could limit the accused parent’s access or visitation rights. In some cases, supervised visitation or loss of custody might occur.
Impact on property division and spousal support
A protection order can also impact property division and spousal support in a Texas divorce. The court may consider any evidence of violence or harassment when determining how to divide assets and debts. Similarly, it may affect decisions about whether to grant spousal support and the amount awarded.
If you are navigating a divorce and believe you need a protection order, you should understand that a protection order can significantly influence the court’s decisions. Your safety and the welfare of your children should always be the top priority, so reach out for support when needed.