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Protective Order, Sec. 6.404. INFORMATION REGARDING PROTECTIVE ORDERS. At any time while a suit for divorce is pending, if the court believes, on the basis of any information received by the court, that a party to the suit or a member of the party’s family or household may be a victim of family violence, the court shall inform that party of the party’s right to apply for a protective order under Title 4. Added by Acts 2005, 79th Leg., Ch. 361, Sec. 2, eff. June 17, 2005.
The act of filing a protective order is a common tactic used by San Antonio Divorce Lawyers all across the state in an effort to remove a spouse from the residence or to stop verbal/physical abuse. In this section I want to briefly touch on spousal abuse & the benefits of a protective order.
When a spouse has been abused, threatened or feels like their life is in danger the court will issue a temporary restraining order forcing you to stay away from your family. This isn’t something that should be taken personally because the courts are only acting on the information presented to them.
Whether you are the victim and need to serve a protective order or the person recently served with a protective order you need to take this action serious. Don’t break it, or you will be found in contempt of court and put in jail.
Sec. 6.405. PROTECTIVE ORDER. (a) The petition in a suit for dissolution of a marriage must state whether a protective order under Title 4 is in effect or if an application for a protective order is pending with regard to the parties to the suit.
(b) The petitioner shall attach to the petition a copy of each protective order issued under Title 4 in which one of the parties to the suit was the applicant and the other party was the respondent without regard to the date of the order. If a copy of the protective order is not available at the time of filing, the petition must state that a copy of the order will be filed with the court before any hearing.