In the United States (U.S), a ccording to Chapter 5 of the Code of C riminal Procedure, family violence is considered a serious threat to society and its members . This warrants the need for protective orders which seek to protect any family member from abuse. The protective order, in this case, covers both adults and minors in a family so as to ensure maximum protection as permitted by law ( May, 2011). Hence, in Texas, a court may issue a protective order to prevent abusive partners and parents from being violent toward their spouses or children respectively.
However, the protective orders in Texas seem to side more with women as compared to the men . This is because t he provisions in the protective orders regarding minor s states that in the event of abuse of minors, a court may issue orders to prevent the abusive parent from having contact with the child, to give temporary custody to another parent or to have the abusive parent pay for child support and upkeep ( Tudor , 2015 ). U nfortunately, in all scenarios, fathers have been victims of the order, often being denied contact with children while paying for child upkeep . This is as opposed to the mothers. Lockhart & Danis (2010) argue that t here is no case in Texas where a mother has been denied contact or has been required to pay for child upkeep .
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The proposed improvement , in this case, would be to ensure that both parents are treated equally as far as the protective order is concerned. For instance, s om e mothers have been cited as having ab us ed provisions of the protective order by manipulating systems to obtain huge upkeep and child support costs from their spouses. As a result, a significant number of divorces cases in Texas have been founded on the loopholes of the protective order. Improving the law would thus ensure that such manipulative acts are put to a stop. Moreover, this recommendation for improving the law would not change whether or not either parent is under correctional supervision.
References
Lockhart, L., & Danis, F. (Eds.). (2010). Domestic violence: Intersectionality and culturally competent practice . Columbia University Press.
May, J. C . (2011). The Texas state constitution . Oxford: Oxford University Press, USA.
Tudor, A. E. (2015). Examining protective order statutes in the United States: Moving from a measure of victim-friendliness to one of victim-empowerment . University of Colorado at Denver.
