A protective order is a court order obtained by the victim of domestic abuse against the person who has committed domestic abuse. If someone violates the protective order, that person can face criminal charges.
While you can file a protective order by yourself, or pro se, we advise you get a lawyer to help. Our List of Domestic Abuse and Legal Resources has a list of free and low-cost legal services. Typically, your local prosecutor's office—most often the County Attorney's Office—can help you get a protective order for free.
You can ask for terms to be put in the protective order that help your economic security. If you have coerced debt, you should tell the attorney or prosecutor who is handling your protective order that you would like to include economic provisions in the protective order.
There are many different types of economic provisions that can be included in protective orders.
The kinds of relief that you can request in protective orders related to your economic stability include:
- Stopping the abuser from getting rid of property that you both own;
- Allowing you to use property that is joint or community property (for example, allowing you to use the car even if you both own it);
- Requiring payment for medical costs resulting from the abuse;
- Requiring the abuser to pay your mortgage or rent;
- Requiring that the abuser leave the residence;
- Allowing you to safely remove personal belonging from a shared residence;
- Requiring the abuser to continue paying expenses, such as health insurance payments;
- Requiring the abuser to pay temporary child support or spousal support;
- Requiring the abuser to return your identifying documents, such as birth certificates and social security cards;
- Requiring the abuser to not take out any new debt for accounts that are in your name, or opening any new accounts in your name.
Remember that a protective order can only be enforced against the abuser, not banks or creditors. A bank or creditor may still try to collect from you if the abuser does not comply with the order. If this is happening to you, consider speaking with an attorney. Also, see Guide 4, which offers information on how to dispute a debt that is not yours.
Filing a Protective Order
For general resources about protective orders, Texas Law Help and the National Network to End Domestic Violence have lots of useful information. For more information on protective orders that have terms to protect your economic safety, see the Center for Survivor Agency and Justice's article The Civil Protection Order as a Tool for Economic Justice.