Emergency & Protective Order

Emergency orders and protective orders can serve as a shield for your physical safety and/or that of a child. These types of orders also help protect financial security and provide peace of mind until permanent orders are put in place.

If you need an emergency order, it is important to seek legal advice to ensure the appropriate relief is sought and obtained for you – for the best possible protection. Family Law courts encounter and consider cases on a regular basis, but they may not be aware of a particular incident of family violence unless it is pled for properly and adequately, and then appropriately presented to the court. Therefore, there is great value and benefit in having an attorney properly prove the elements of family violence.

The Family Law attorneys at Hanshaw Kennedy have successfully obtained emergency and protective orders for our clients. Different local rules apply to obtaining these types of emergency orders in Collin, Denton, and Dallas counties. Our experienced divorce and family law attorneys can walk you through the nuances to ensure you are properly protected. Our attorneys are advisers and counselors who will discuss your concerns with patience and compassion. Contact our office immediately if you believe a protective or emergency order may be necessary.

Hanshaw Kennedy Family Law attorneys have also successfully defended many emergency orders and protective orders. These cases are time sensitive and a final protective order can be issued against you only a few days after you are served with papers. A protective order or other emergency order is not something you want to fight on your own. However, if you already have a protective order issued against you, contact our office immediately – our attorneys have successfully set aside, dissolved, and had final protective orders modified for our clients.

Texas law provides that while a suit is pending (such as a divorce or custody suit), if the court believes 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 their right to apply for a protective order. Again, it is critical that you engage the right attorney to protect yourself – and one who will ensure that the court is sufficiently made aware of the circumstances of your situation.

An Individual May File Orders
In Texas, an individual may file for an emergency/protective order on their own behalf, or on behalf of a child through a private attorney. Example reasons you may want to file:

abuse has occurred and is expected to reoccur (physical or mental abuse);
there is potential danger to a child’s physical health or safety;
a child has been a victim of neglect or sexual abuse;
threat of abuse is imminent;
you seek the removal of an adult who poses a danger to you or a child;
you seek return of a child where another is keeping the child unlawfully.

Other Entities That May File

The Department of Family and Protective Services and The Department of Protective and Regulatory Services may file for protection of a child.

Our attorneys have worked with CPS and defended against CPS claims. If CPS is involved in your case, you need an experienced family law attorney to walk you through the system and protect your rights.

If you have an emergency that is so dire or highly volatile that there is no time to file for an order from the court, a representative of Family and Protective Services, a law enforcement officer, or a juvenile probation officer may take possession of the child without a court order in some situations. A hearing will follow such an incident, and it is critical that your legal counselor advise you on the matters the court will consider regarding the specific claim of endangerment.

Temporary Orders
You may want to seek temporary order for situations such as:

the temporary conservatorship of a child;
the temporary support of a child;
to restrain a party from disturbing the peace of the child or another party;
to prohibit a person from removing the child beyond a geographical area identified by the court; or
for payment of reasonable attorney’s fees and expenses.

Please contact our office to determine if your situation requires immediate emergency protection or if you have received legal papers citing emergency relief, extraordinary relief, restraining orders, or a protective order.