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By Rick Navarrete
Attorney

How can an Order of Protection help keep me safe from violence during my divorce?

Each year, more than 10 million people across America are physically abused by a partner, according to the National Coalition Against Domestic Violence.  Domestic violence can make divorcing from your abusive spouse dangerous.  If you are seeking to escape an abusive marriage, there are several steps you can take to protect yourself, including filing for an Order of Protection in the state of Texas

Orders of Protection 

A protective order is an order issued by a civil court to protect family violence victims.  The protective order will order the following in Texas:

  • The abuser must stay away from you, your home, your place of work, and your school;
  • The abuser must stay away from all family members named within your petition;
  • The abuser cannot call or harass you;
  • At times, the abuser will no longer be permitted to carry a weapon.

You have the legal right to seek a protective order if your spouse has physically harmed you or attempted to physically harm you and may harm you again in the future.  Protective orders can last for up to two years and can be issued by a district or county court judge.  If your soon to be ex-spouse violates the protective order, he or she can be arrested.  Further, at times the order will include an order for your spouse to vacate the home, when violence has occurred within the last 30 days.
An Order of Protection will often form a part of the overall strategy to keep you safe while divorcing an abusive spouse.  If you are afraid your spouse will harm you, you should immediately contact the police and a divorce attorney who can further inform you as to your legal rights.  In addition to seeking an Order of Protection in court, you may be able to obtain temporary custody of your children and of the marital home and car if your spouse is abusive.  
Your safety and the safety of your children is always your number one priority, so take all actions necessary to protect yourself and your loved ones.  Do not hesitate to seek help from law enforcement and an attorney experienced in dealing with domestic violence matters.

About the Author
Rick Navarrete, a graduate of Angelo State University and Texas Tech University School of Law, has been serving the Permian Basin for over 24 years, with his practice extending across Texas. Specializing in criminal defense and family law, Rick has tried hundreds of cases before juries and judges, including high-profile matters. His extensive experience has honed a deep understanding of the law, enabling him to effectively prosecute, defend, and protect his clients’ interests. Rick has built a firm culture that prioritizes exceptional client service and personalized attention. Known for his zealous courtroom advocacy, he is equally dedicated to educating his clients throughout the litigation process. This commitment has earned him a reputation as one of the area’s most sought-after trial attorneys. Rick is an active member of the Texas Criminal Defense Lawyers Association, the Texas Family Law Section, and the Administration of Rules of Evidence Committee for the State Bar of Texas. He has also served as President of the Midland County Young Lawyers Association and on the Bar Leadership Committee of the State Bar of Texas. Among his many accolades, Rick has been recognized as a Texas Super Lawyer and included in the Best Lawyers in America.