Taking Back Control: Your Path to Safety with a Texas Sexual Assault Lawyer
If you’ve survived sexual assault and your perpetrator continues to threaten, contact, or harass you, you’re not powerless. Texas law provides protective orders specifically designed to shield sexual assault survivors from further harm, and you have the right to seek this legal protection regardless of your relationship with the perpetrator. Many survivors feel overwhelmed by the legal process, unsure where to turn, or worried that speaking up will somehow make things worse. The truth is that obtaining a protective order can be a crucial step in reclaiming your safety and peace of mind. A Texas sexual assault lawyer can guide you through this process, ensuring you understand your rights and helping you navigate the legal system with confidence and support.
💡 Pro Tip: Document every instance of contact, harassment, or threats from your perpetrator—text messages, emails, voicemails, and witness statements all strengthen your protective order application.
Don’t let fear hold you back from securing the protection you deserve. Reach out to Fibich, Leebron, Copeland & Briggs today to discuss your options for obtaining a protective order. Call us at 713-751-0025 or contact us online to take the first step toward reclaiming your peace of mind.
Understanding Your Legal Rights Under Texas Protective Order Laws
Texas law recognizes that sexual assault survivors deserve comprehensive protection from their perpetrators. Under the Texas Code of Criminal Procedure Chapter 7B Protective Orders, you can seek a protective order against someone who has committed or threatened to commit sexual assault against you, regardless of your relationship to that person. This means you can obtain protection whether the perpetrator is a stranger, acquaintance, dating partner, or family member. The law specifically includes sexual assault as grounds for protective orders, and courts take these requests seriously. A Texas sexual assault lawyer can help you understand how these statutes apply to your specific situation and ensure your application includes all necessary legal elements to maximize your chances of approval.
đź’ˇ Pro Tip: You don’t need to have reported the sexual assault to police to qualify for a protective order—the civil court system operates independently of criminal proceedings.
The Step-by-Step Process for Obtaining Your Protective Order
The protective order process in Texas is designed to provide both immediate emergency protection and longer-term safety measures. Understanding each step helps reduce anxiety and ensures you’re prepared for what lies ahead. The process typically moves quickly once initiated, with emergency orders often granted within hours and final hearings scheduled within weeks.
- Emergency Ex Parte Order: You can request immediate protection by filing an application with the court, often granted the same day without the perpetrator present if you show imminent danger.
- Temporary Protective Order: If granted, this emergency order typically lasts 20 days and provides immediate legal protection while scheduling a full hearing.
- Service of Process: The court must properly notify the perpetrator of the order and the upcoming hearing date—this is crucial for the order to be legally enforceable.
- Final Protective Order Hearing: Within 20 days, both parties appear before a judge who decides whether to issue a final protective order lasting up to two years.
- Order Enforcement: Once issued, the protective order becomes part of statewide and national databases, allowing any law enforcement officer to enforce it immediately.
đź’ˇ Pro Tip: Bring multiple copies of all evidence to your hearing—the court keeps originals, and you’ll need copies for your records and potential future proceedings.
How Fibich, Leebron, Copeland & Briggs Can Strengthen Your Protective Order Case
Obtaining a protective order may seem straightforward, but having experienced legal representation significantly improves your chances of success and ensures maximum protection. At Fibich, Leebron, Copeland & Briggs, we understand that every sexual assault survivor’s situation is unique, and we tailor our approach to address your specific safety concerns and legal needs. Our team helps you compile compelling evidence, prepare for hearings, and present your case in the most effective way possible. A Texas sexual assault lawyer from our firm can also coordinate with law enforcement, counselors, and victim advocates to create a comprehensive safety plan that extends beyond the courtroom. We’ve seen how proper legal representation can mean the difference between obtaining a protective order that truly protects you and one that leaves dangerous gaps in your safety.
💡 Pro Tip: Consider requesting specific provisions in your protective order, such as prohibiting contact through third parties or social media—these details can close loopholes perpetrators might exploit.
Types of Protective Orders Available to Sexual Assault Survivors
Texas law provides several types of protective orders, each designed to address different circumstances and relationships. Understanding which type applies to your situation ensures you seek the most appropriate and effective protection. A Texas sexual assault lawyer can help you determine which option provides the strongest legal safeguards for your specific circumstances.
Sexual Assault Protective Orders
The Texas Protective Orders Guide outlines specific provisions for sexual assault survivors, including protection regardless of your relationship with the perpetrator. These orders can prohibit contact, require the perpetrator to stay away from your home and workplace, and even require them to surrender firearms. We frequently explain to clients that these orders are specifically designed to address the unique dynamics of sexual assault cases, where traditional domestic violence protective orders might not apply. The law recognizes that sexual assault can occur in any context and provides broad protection accordingly.
đź’ˇ Pro Tip: Sexual assault protective orders can include provisions protecting your family members, roommates, or others who might be at risk due to your relationship with the perpetrator.
Building a Strong Evidence Foundation for Your Protective Order
The strength of your protective order application depends heavily on the evidence you present to the court. While you don’t need to prove your case beyond a reasonable doubt like in criminal court, you must still demonstrate that sexual assault occurred and that you face a continued threat. A Texas sexual assault lawyer can help you organize and present evidence in the most compelling way possible, ensuring the court understands the full scope of your situation.
Documenting Ongoing Harassment and Threats
Courts pay close attention to evidence showing ongoing harassment, threats, or attempts to contact you after the initial assault. This includes text messages, emails, social media contacts, phone calls, unexpected visits to your home or workplace, and reports from witnesses who observed threatening behavior. Screenshots, printed emails, and witness statements all serve as powerful evidence that you continue to face danger from your perpetrator.
đź’ˇ Pro Tip: Use your phone’s built-in screen recording feature to capture social media harassment or threatening posts that might be deleted later—this creates timestamped evidence that’s harder to dispute.
Enforcement and Violations of Sexual Assault Protective Orders
A protective order is only as effective as its enforcement, and Texas law provides serious consequences for violations. Understanding how enforcement works and what to do if your order is violated helps ensure your protection remains effective. A Texas sexual assault lawyer can help you understand your rights and options when violations occur, ensuring swift and appropriate legal action.
What Happens When Someone Violates Your Protective Order
Violating a protective order is a criminal offense in Texas, punishable by fines and imprisonment. When someone violates your order, contact law enforcement immediately—police are required to arrest violators, and prosecutors typically take these cases seriously. Each violation can result in separate criminal charges, and repeated violations can lead to enhanced penalties. Documentation of violations also strengthens your position if you need to seek renewal or modification of your protective order.
💡 Pro Tip: Keep a copy of your protective order with you at all times and store additional copies in your car, workplace, and with trusted friends or family members—immediate access to the order document helps law enforcement respond quickly to violations.
Frequently Asked Questions
Common Legal Concerns About Protective Orders
Many sexual assault survivors have questions about the protective order process, their rights, and what to expect. These concerns are completely normal, and understanding the answers helps you make informed decisions about your safety and legal options.
💡 Pro Tip: Write down your questions before meeting with an attorney—having a clear list ensures you get all the information you need to make confident decisions about your case.
Understanding Your Rights and Options
You have extensive rights under Texas law when seeking protection from sexual assault perpetrators. These rights extend beyond just obtaining a protective order and include access to victim services, privacy protections, and the ability to seek civil damages for your injuries.
💡 Pro Tip: Document your questions and concerns throughout the process—this helps your attorney address your specific needs and ensures you get the protection you deserve.
1. Do I need to report the sexual assault to police before I can get a protective order in Houston?
No, you don’t need to file a criminal report to obtain a protective order. The civil court system operates independently of criminal proceedings, and you can seek protective order relief based on the sexual assault regardless of whether you’ve involved law enforcement.
2. How long does a protective order last, and can it be renewed?
A final protective order in Texas can last up to two years. You can request renewal before it expires if you continue to face threats or harassment. The court will review your situation and can extend the order for additional periods if justified by evidence of ongoing danger.
3. What happens if my sexual assault perpetrator lives in another state?
Texas protective orders can be enforced nationwide under the Violence Against Women Act. If your perpetrator lives in another state, your Texas order is still valid and enforceable by law enforcement in their state. You may also be able to seek additional protection in their state of residence.
4. Can I get a protective order if the sexual assault happened months or years ago?
Yes, there’s no time limit for seeking a protective order based on sexual assault. However, you must show that you currently face a threat of harm from the perpetrator. Recent harassment, threats, or attempts to contact you can support your application even if the original assault occurred long ago.
5. What if I can’t afford an attorney to help with my protective order application?
You can file for a protective order without an attorney, and court staff can often provide basic guidance. However, many attorneys handle these cases on a pro bono basis or work with victim advocacy organizations. Additionally, some areas have legal aid organizations that provide free representation to sexual assault survivors.
Work with a Trusted Sexual Assault Lawyer
Seeking a protective order after sexual assault is an important step toward reclaiming your safety and peace of mind. While the process may seem daunting, having experienced legal guidance can make all the difference in obtaining comprehensive protection. When choosing legal representation, look for attorneys who understand the unique challenges sexual assault survivors face and who can provide both legal knowledge and compassionate support throughout the process. The right legal team will help you navigate the system efficiently while ensuring your voice is heard and your rights are protected.
Take the reins of your safety and reach out to Fibich, Leebron, Copeland & Briggs for guidance on securing a protective order. Dial 713-751-0025 or contact us online to begin your journey toward peace of mind.
