Protective Orders Attorney in Odessa, Texas
A Texas protective order is a powerful court order under Texas Family Code Chapter 85 that prohibits an alleged abuser from contacting, harassing, or coming near the applicant, the applicant's children, home, workplace, or school. Violation is a Class A misdemeanor — or a felony for repeat offenders.
Robles Family Law represents both petitioners seeking protection and respondents defending against unfounded allegations across Ector, Midland, Andrews, and Ward County. We understand the emergency nature of these cases and the way protective orders can shape divorce, custody, and criminal outcomes.
Types of Protective Orders in Texas
Texas offers different protection depending on the emergency and the relationship:
Who Can Get a Protective Order in Texas?
Under Tex. Fam. Code § 82.002, an adult may apply for a protective order on behalf of themselves or a family/household member if family violence has occurred AND is likely to occur again. "Family violence" includes physical harm, threats of harm, or dating violence between persons in a dating relationship, family relationship, or shared household.
What a Texas Protective Order Can Do
A final protective order under Tex. Fam. Code § 85.022 can prohibit the respondent from committing further violence, going near the applicant's home or work, communicating with the applicant, possessing a firearm, or approaching a specified distance. It can also grant temporary custody, temporary support, and possession of the residence.
Defending Against a Protective Order in Ector County
A protective order is a civil order with significant consequences: firearm restrictions, immigration consequences, custody impact, and a permanent record. Respondents have the right to a hearing within 20 days and can challenge the family-violence finding with evidence and cross-examination.
Related Reading from Our Blog
Curated in-depth articles from our attorneys — cited by Texas courts, families, and legal writers throughout the Permian Basin.
Why Choose Robles Family Law for Your Protective Orders Case?
When you're facing a protective orders matter, choosing the right attorney can make all the difference. Here's why families throughout Odessa, Midland, and West Texas trust Robles Family Law:
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Protective Orders FAQs - Odessa, Texas
Common questions about protective orders in Texas answered by our experienced attorneys.
How do I get a protective order in Odessa, TX?
File an Application for Protective Order in the district court where either party lives. In Ector County, the District Attorney's office can also file on your behalf if you have been the victim of family violence. Under Tex. Fam. Code § 83, a judge can issue a temporary ex parte order the same day, valid for 20 days.
What is family violence under Texas law?
Under Tex. Fam. Code § 71.004, "family violence" means (1) an act by a family/household member against another that is intended to cause physical harm, bodily injury, assault, or sexual assault, or (2) a threat that reasonably places the person in fear of imminent harm. Property damage, harassment, and stalking can qualify.
How long does a Texas protective order last?
A temporary ex parte order lasts up to 20 days (extendable). A final protective order typically lasts up to 2 years but can be extended if the respondent committed a felony against the applicant, caused serious bodily injury, or violated a previous order (Tex. Fam. Code § 85.025).
What happens if someone violates a protective order?
Violation of a protective order is a Class A misdemeanor (up to 1 year in county jail and $4,000 fine). A second violation within 12 months, or violation with a deadly weapon, becomes a third-degree felony. Every violation should be reported to police immediately.
Can I get a protective order without my spouse being arrested?
Yes. A civil protective order under Tex. Fam. Code Chapter 82 does not require an arrest. You need to show family violence occurred AND is likely to occur again. This is separate from an Emergency Protective Order (Tex. CCP Art. 17.292), which follows an arrest.
How does a protective order affect divorce and custody?
A finding of family violence within 2 years of filing creates a presumption AGAINST awarding joint custody or unsupervised visitation to the respondent (Tex. Fam. Code § 153.004). It can also unlock a shorter marriage requirement for spousal maintenance under § 8.051.
Can a protective order be vacated or modified?
Yes. Either party can move to modify or vacate under Tex. Fam. Code § 87.001 if circumstances have materially changed. However, the respondent bears the burden of proving that continued protection is unnecessary.
Do I need an attorney for a protective order hearing in Odessa?
You are not required to have counsel, but you should. Whether you are seeking protection or defending against a request, protective orders have serious immediate consequences — firearm rights, immigration status, custody outcomes, and a permanent record. Robles Family Law offers same-day consultations for protective order matters in the Permian Basin.
Excellent attorney! Made the process smooth/painless and always had my best interest in mind. Did not make me feel like a client but more like a family. Would recommend to anyone looking for an attorney for child support or divorce. Thank you, Mr. Robles for representing me and my baby boy!