Asked in Family Law for Texas

Q: Subject: Preemptive Protective Order Issue

Subject: Seeking Legal Advice: Preemptive Protective Order Issue

Hi,

I'm reaching out for legal advice regarding a potential preemptive protective order issue in Austin, TX. Our relationship has ended, and a split is imminent. I suspect that my soon-to-be ex will continue to show up at my workplace, thus causing me significant distress and anxiety.

I would appreciate any initial guidance on addressing this situation. Additionally, if any lawyers are available to provide further assistance, please let me know your fee structure or next steps to proceed.

Thank you for your attention to this matter.

Best regards,

TS

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: There is no such thing as a preemptive protective order. A protective order is a serious matter that can substantially affect a person against whom one is granted. There must be credible evidence of family violence or threatened family violence. With respect to threatened family violence, it must be a threat that places you in fear of IMMINENT physical harm, bodily injury, assault, or sexual assault

Mere worry over whether an ex may show up at your work is not sufficient for such serious relief.

On the other hand, you might discuss your concerns with your employer and ask your employer to issue a criminal trespass warning to your ex. Then, if he shows up at your workplace, your employer can have him arrested for criminal trespass.

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