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Domestic Violence

Dallas Protective Orders: A Family Violence Survivor's Guide

Key takeaways: Texas protective orders under Family Code Chapter 85 cover family violence, dating violence, and stalking. Temporary ex parte orders can issue the same day. Final protective orders last up to two years, longer for serious bodily injury or repeat offenders. Immigration status does not affect eligibility.

Who qualifies for a Texas protective order?

Family violence victims (Texas Family Code §71.004): current/former spouse, family member, dating partner, roommate. Dating violence victims, and stalking victims under Chapter 7B of the Code of Criminal Procedure.

How to file in Dallas County

You can file directly in the family district court, through the Dallas County District Attorney's Family Violence Division, or through a family law attorney. Filing is free for family violence victims.

What protections are available?

Orders can prohibit contact, exclude the respondent from your residence and workplace, require possession of firearms be surrendered, and address temporary custody, support, and use of vehicles or the home.

Undocumented survivors and the Mexican Consulate

Immigration status does not affect protective order eligibility. Survivors may also qualify for a U-visa or VAWA self-petition. Attorney Isabela Garcia works with the Mexican Consulate of Dallas to coordinate immigration-safe representation.

FAQ

Frequently Asked Questions

How fast can I get a protective order?

A temporary ex parte protective order can issue the same day you file, without notice to the respondent, if the court finds a clear and present danger. The final hearing occurs within 14 days.

Can I get a protective order if I am undocumented?

Yes. Immigration status is not a factor. Filing may also open eligibility for a U-visa. Our office can coordinate with the Mexican Consulate.

Isabela A. Garcia
About the author

Isabela A. Garcia

Bilingual Dallas family law attorney, founding attorney of Garcia-Windsor, P.C., Super Lawyers Rising Star, Top 50 Women Leaders in Texas, and exclusive consulting attorney for the Mexican Consulate General of Dallas (PALE program).

Legal disclaimer: The information in this post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Consult a licensed Texas attorney about your specific situation.

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