what type of lawyer do i need to fight protective order state of texas

by Vilma Ryan I Published 2 years ago Updated 2 years ago 9 min read

Fighting a Texas Violation of Protective Order Charge Only an experienced Texas criminal attorney has the skills and knowledge necessary to fight your charges. Some of the things an experienced and aggressive criminal defense lawyer may do include:

Full Answer

What is a protective order in Texas?

A final protective order is a protective order that gives applicants the most extended period of sustained protection under the law in Texas. The standard that a family court will typically look towards is whether violence has occurred in the house previously and is …

Do I need an attorney to fight a restraining order?

Aug 03, 2018 · A protective order is a legal document issued by a state court that orders one person to stop harming or harassing another person. These orders are often issued against someone in a close relationship with the petitioner as a result of family or domestic violence. They can also be based on stalking or trafficking.

How do I get an emergency protective order dropped in Texas?

Sep 15, 2019 · If you’re defending yourself against a restraining order, you need a great attorney on your side. We know how to help you navigate protective orders , no matter how messy the situation may be. If you need to speak with an attorney about your options Scott M. Brown & Associates is here to help!

Do I need an attorney to fight a child support order?

If you want to fight the order, you will probably need an attorney. Depending on your circumstances, such as if children are involved, you may want a specific type of attorney, such as one who practices family law.

How do you fight a protective order in Texas?

If you believe that a protective order was issued against you unfairly, you can argue to have the order dissolved altogether. You will need to file a motion in court, and you will be assigned a court hearing date to present your defense. You can also request to modify the order.May 14, 2020

Can you appeal a protective order in Texas?

If the court issues an extended order for protection, the adverse party can file an appeal to the district court. (There is no appeal allowed if the court denies an application to extend a protection order, only if the court grants the extension.)

How do I get around an order of protection?

Typically, either the victim or the defendant can ask the court to lift the restraining order. This is usually completed by filing a motion with the court, such as a Motion to Modify Conditions of Pretrial Release or a Motion to Lift Restraining Order. This legal motion must usually identify the parties.

Does a protective order go on your record in Texas?

The protective order will remain on your permanent record and could make it hard to find a job, get public housing or secure financing.Nov 15, 2018

Can I appeal against a protection order?

Once a protection order is granted, it is valid until the victim withdraws it. If the perpetrator lodges an appeal, the order will continue to operate until it is cancelled by the appeal court.

Can a protection order be withdrawn?

A protection order may be varied, withdrawn or set aside if the complainant makes an application for variation or rescission, but only if the court is satisfied that the application is being made freely and voluntarily.

Can you revoke a restraining order?

If you are a person protected by a restraining order, you can apply to the court to have it discharged/revoked. Recent cases before the Court of Appeal have made it absolutely clear that, provided a person has capacity and has not been forced, it is a matter for them who they chose to have a relationship with.

What happens if the plaintiff fails to appear in court for a restraining order?

Section 3, Rule 17 of the Rules of Court provides that "if plaintiff fails to appear at the time of the trial, or to prosecute his action for an unreasonable length of time, or to comply with these rules or any order of the court, the action may be dismissed upon motion of the defendant or upon the court's own motion.Mar 5, 1991

What is a dv109?

DV-109 Notice of Court Hearing. Page 1. Temporary Restraining Orders for personal conduct and stay-away orders as requested in form DV-100, Request.Sep 1, 2020

What happens at an order of protection hearing in Texas?

At the hearing, the respondent may plead their case, present favorable evidence, have witnesses testify on their behalf, and demonstrate any other reason why the court should deny the protective order. The respondent may also have an attorney defend them at the hearing.

What's the difference between a protective order and a restraining order in Texas?

In Texas, protective orders are typically issued when you've been a victim of violence, stalking, or sexual abuse. On the other hand, restraining orders are generally not associated with criminal cases, and are almost always linked to civil case proceedings.Nov 10, 2021

What happens in a protective order hearing in Texas?

Protective order hearings in Houston, TX

Protective orders are decided at hearings in which the applicant (the person seeking protection) and the respondent (the person being accused) provide testimony and evidence. Such hearings are civil procedures, though they may be held in a criminal court.

What is protective order in Texas?

In Texas, protective orders usually are intended to protect a spouse and minor children against family violence.

How long does a protective order last in Texas?

A permanent restraining order can last for two years or even longer.

What is the Texas law on verbal threats?

Texas Laws on Verbal Threat. The law has many terms that are virtually impossible to figure out without a working knowledge of Latin. But a few are self-explanatory, including "protective order.". It is, as it sounds, a court order intended to protect someone. The other name for protective order is "restraining order," which is also easy ...

What is a TRO in Texas?

a TRO, temporary restraining order. a permanent protective order. a magistrate's order of emergency protection. Both a TRO and a permanent protective order are issued by Texas civil courts in the region the victim resides. It is not necessary that the perpetrator be put in jail for these to be issued.

Can a restraint order be lifted in Texas?

Evidence that the person restrained has not violated the order is not usually sufficient to get the order lifted in a Texas court. If the judge is convinced that there is no further need for the order, she can terminate the order.

How long does a restraining order last?

A permanent restraining order can last for two years or even longer. The person restrained has the right, a year after the order is signed, to make a motion to the court asking it to lift the order.

Do you have to have a close relationship with the perpetrator to get a protective order?

For example, a sexual assault, abuse, stalking or trafficking protective order is very much like an order protecting against family violence. However, you do not have to have a close relationship with the perpetrator to get a protective order.

What happens if you don't fight a restraining order?

If you don't fight it, then that person will have the ability to call the police if there is any violation of the order.

What is a restraining order?

A restraining order is a tool used by the court to keep people away from certain places or certain people. It is most often issued when a person feels in danger or threatened by another. Restraining orders are also used by companies to keep a person away that has committed a crime on their premises.

Why is a restraining order important?

Significance. Having a restraining order issued against you basically gives you a criminal record. Also the person or place that has the order against you can use it make your life difficult. Often people that want the protection use the restraining order to harass the other person.

Can a restraining order land you in jail?

Often people that want the protection use the restraining order to harass the other person. Any small violation of the order can land a person in jail.

Is it better to settle things out of court or go to court?

If there is a possibility of working something out without the courts involvement, it might be in your best interest to do so. Settling things out of court is always more advantageous than wasting the time and expensive of going to court.

Why Do Texas Courts Issue Protective Orders?

In Texas, being a victim of the following criminal offenses can serve as grounds for requesting a protective order:

What Happens After a Protective Order is Issued

When someone files protective order against you, a judge may grant the order if it believes that the petitioner is in immediate danger. The judge may issue a temporary protective order, which will be effective for at least 20 days.

What Happens if I Violate a Protective Order in Texas?

Following a violation of the protective order, the court will issue a warrant for your arrest. You will be taken to jail and will have to attend a bail hearing. During the bail hearing, the judge will have to decide whether the violation actually occurred.

How to Avoid Protective Order Violations in Texas?

The best way to avoid violating a protective order is to follow the terms of the order, including staying away from the petitioner and avoiding any forms of contact with him or her.

Talk to a Coryell County Criminal Defense Attorney for Free

If someone filed a protective order against you, the first thing you should do is contact a criminal defense attorney to protect your rights and freedom. At The Law Office of Brett H. Pritchard, we are here to help you navigate the criminal justice system in Texas and fight for the most favorable outcome possible in your criminal case.

Is a protective order a restraining order?

A protective order is sometimes mistakenly referred to as a restraining order, but this is a different type of court order. Please see this chart from Waller County for an explanation of the differences between a protective order, a restraining order, and a peace bond.

Can the State Law Library give legal advice?

The State Law Library is unable to give legal advice, legal opinions or any interpretation of the law. It is strongly recommended that you contact an attorney for advice specific to your situation. If you have questions about anything in this guide, please ask a librarian.

What is protective order?

Protective orders, or orders of protection, exist to limit the offender’s contact with the victim (s), and define the legal consequences for the offender if he or she violates the order. There is often confusion about how a protective order differs from a temporary restraining order or injunction; below is a description of each, ...

Can a protective order be held in contempt of court?

As punishment for violating a protective order, the judge may hold the offender in contempt of court or order jail time, but this is done at the judge’s discretion.

What are the most common crimes in Texas?

Family violence, domestic violence, and sexual assault are, unfortunately, highly prevalent crimes in Texas and around the country. These crimes may include repeated physical abuse, single acts of violence, verbal or emotional abuse, financial abuse, property destruction, rape, or other forms of sexual abuse. ...

What is a temporary restraining order?

A temporary restraining order, commonly known as a “TRO,” is a type of emergency injunction that should be filed if you believe something harmful may happen before a final order or permanent injunction can be agreed to or issued by the judge at a Temporary Orders Hearing.

What is temporary order?

Temporary orders are different from temporary restraining orders, and remain in force while a family violence or divorce case is pending. These usually include parameters for temporary custody, child visitation, health insurance coverage, and spousal support, as well as the exchange of information such as financial and property information ...

How long do protective orders last?

Protective Orders (POs) are usually granted in cases of domestic abuse, family violence, and sexual assault. These often remain in force for two years, but could be longer or even for life, and can be renewed by the judge.

What is a no contact order?

No-contact orders that prevent the offender from stalking the victim or communicating with them directly in any way, including by phone, text, voice mail, in person, or on social media; Orders against possessing or carrying firearms with or without a license ; and/or.