Protective Order/CPS Division
The CPS Department of the District Attorney’s Office represents the Department of Family and Protective Services, also known as Child Protective Services (CPS), and provides for the safety and protection of children who have been abused or neglected. In these cases, CPS is appointed by the Court as conservator of these children after a hearing. CPS then provides services to the parents to help them provide their children with a safe environment so their children can be returned home. CPS works with the parents in this endeavor. If after working toward reunification it is determined that the children should not be returned to their parents, we ask the Court to terminate the parent’s parental rights, which makes the children eligible for adoption. The CPS Department consists of three attorneys and two support staff.
If you suspect a child is being abused or neglected, please contact the authorities.
In order to obtain a Protective Order, the Court must find “that family violence has occurred and is likely to occur in the future.”
Texas law defines “family violence” as one of three things:
1) “an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;”
2) “Abuse…by a member of a family or household toward a child of the family or household;”
3) “Dating violence,” which can include violence between exes or violence between two people who currently are and/or have been in a relationship with the same person.
Most protective orders are effective for two years. Protective orders granted based on sexual assault can be effective for life.
Please note: A protective order will not necessarily prevent someone from committing violence. You must still call the authorities if you are in danger.
If you have a pending divorce or custody suit, please request a protective order from your attorney.