Texas courts have the authority to enter protective orders that prevent a potentially dangerous or abusive domestic relation from contacting or harassing the protected party. If a protective order is entered in a scenario where the two parties to the order share one or more children, the terms of the order can complicate the parties’ relationships with their children.
Specifically, when the protected party has custody of the children, it can be difficult for the responding party to have a meaningful relationship with their children while the order is in effect. Many protective orders have the effect of inhibiting the parent-child relationship between the responding party and their child, however, it is possible to fight back against such provisions in a protective order. The Texas Court of Appeals recently addressed an appellant’s request to modify a protective order that prevented him from seeing his children.
According to the facts discussed in the appellate opinion, the parties to the case share a child together. In March of 2021, the mother filed a request for a protective order. She alleged, among other things, that the father was violent towards her in front of the children, and also sexually assaulted her. Based on the court’s understanding of the evidence before it, the protective order was granted. One provision of the order prevented the father from attending or going near any of their child’s extracurricular activities. If the father violated this order, he could be sent to jail and face other permanent consequences.