Family Violence Protective Orders -The Impact of Texas HB1432

Family attorneys see violence affecting Texas families for many reasons, leaving some family members in need of protection from others.

Protective orders can be filed by lawyers for their clients experiencing violence; however, until recently, there have been some challenges getting those court orders.

Fortunately, Texas Bill HB 1432 now provides law firms and families seeking protective orders greater access to this protection against violence when an endangered family member needs it.

Protection Orders And Family Violence

When tension exists within families, family law attorneys sometimes see violence between family members happening.

Spousal abuse and abuse against children can happen in unstable family circumstances, especially in the midst of divorces or child custody cases.

Lawyers will often help their clients file a protective order against their abuser to prevent further violence while family law cases are being negotiated.

In fact, studies show that the existence of an order of protection prevents the reoccurrence of family violence in nearly 80% of cases where it has already occurred.

Yet actually getting those orders has not been as easy as many victims need it to be.

What Is The Great Challenge With Protective Orders In Texas?

Until recently, Texas family law required family members experiencing violence to make a case that suggested it was more likely than not that the violence would occur again.

It meant that someone who had previously been the victim of violence by a spouse, parent, or other family member had to not only endure that incident but also the possibility of additional incidents while they attempted to prove to the court that the risk of violence was still there.

Attorneys have frequently found that proving future violence is extremely difficult to do, as much of this proof is based on allegations that can be easily challenged in court due to differing opinions on events, behaviors, and even the definition of the threat of violence.

With Texas Bill HB 1432, some of that has now changed.

How Does Texas HB 1432 Help Victims of Family Violence?

House Bill 1432 amends previous family law requirements for seeking a protective order by removing one very significant hurdle that lawyers have seen preventing victims from actually receiving this protection.

It eliminates the criteria that a person who has already experienced violence by a family member must somehow prove that they are likely to be victimized again.

The Bill aligns family violence protective orders with those for sexual assault and stalking, both of which can be issued after a single act of violence against the victim.

With the new Bill in place, family law allows anyone who has previously been affected by family violence to receive the critical safety of a protective order as long as they can prove that their family member was violent with them.

That part of the law has not changed, but attorneys agree that it is easier to prove what already has happened than it is to prove what could happen in the future.

The new Bill assumes that one act is enough and someone who was violent already has the capability to be violent again.

HB 1432 was signed into law on June 23, 2023 and went into effect on September 1.

An Experienced Attorney Can Help When Family Violence Is A Concern

When violence happens between family members, whether they are spouses, children, siblings, or others, Texas family lawyers can help victims of that violence protect themselves with a protective order.

Texas HB 1432 increases access to that protection for those who have already experienced violence, making it easier for the family court to grant that order.

A law firm that specializes in family law can assist and make sure every victim of family violence receives the legal protection they need.