A protective order is an order that excludes a person from the marital residence as well as keeping them a certain distance away from any family member that is deemed a “protected party”. It will be granted if the aggrieved party can prove that he or she was the victim of family violence within the last two years and is likely to happen again if the Order is not granted.
Protective Orders are a powerful weapon in family law. Just like all powerful weapons, they should be used with care and should not be used with impunity. The granting of a protective order will have significant impacts on a family law matter. For example, if a protective order is granted, the Court cannot name the parties joint managing conservators of the children. One party has to be named the sole managing conservator. So, all of those rights and duties…non-emergent medical, psychological, psychiatric, educational and others become the exclusive decision-making purview of the sole managing conservator. So, if a protective order has been granted against you, most likely, you will not be making any of those decisions on behalf of your children.
The spousal maintenance statute is meant to be rehabilitative for the most part. It is designed to help someone get back on their feet if they do not receive enough assets from the property division in a divorce to meet their, “minimum reasonable needs’. Not so when it comes to the protective order impact on same. The protected spouse, if applicable, can receive spousal maintenance even if they would not otherwise meet the requirements to obtain spousal maintenance.
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*Mark L. Scroggins is *board-certified in family law by the Texas Board of Legal Specialization. Unless otherwise noted, other attorneys are not *board-certified.
**Super Lawyers (a Thomson Reuters service, awarded to Mark Scroggins 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021)
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