Legal Question in Family Law in Texas

Protective Orders

My boyfriend and I have a roommate. 2 months ago, she mentioned to my boyfriend that she might need to break the lease to move in with her mom to help her financially. Then, last week, she went to the apartment office and they told her the only way to get off the lease without liability would be if she was a victim of domestic violence and got a protective order against one of us. She then told them that my boyfriend threatened to physically harm her. She states she has a text message on her cell phone from 3 months ago in which he threatened her. That is the only ''proof'' she has. My question is, if she goes to the County Attorney to file this order, does she legally have a case against my boyfriend? Will they issue that Protective Order if all she says is that he sent her this threatening text 3 months ago, yet she never reported it before, and continued living with us anyway? We would also like to know what rights we have to fight back or appeal an issuance of this order. Thank you.


Asked on 3/19/07, 2:32 pm

1 Answer from Attorneys
Lewis Palomino Law Office of Lewis Palomino

Re: Protective Orders

The protective order will not be issued without an adversary hearing. One of the elements that she must prove in order to prevail is the likelyhood that the physical harm or threat of harm will occur again. The only way for courts to determine future action is through a pattern of similar actions or behavior. She is not likely to prevail on this element if all she has is a 3 month-old text message. Therefore, speaking as a former Assistant County Attorney who used to prosecute these actions, I doubt that particular office will even accept the case. Also in order to qualify for a protective order, there must be a family or dating relationship. The fact that she was a co-tenant is an "iffy" proposition in that respect. All this being said, if you get served with notice of the suit, you would do yourself a favor by visiting an attorney familiar with these types of cases. Good luck.

Read more
Answered on 3/20/07, 12:26 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas