Protective Order
Serving Houston, TX
Are you currently facing domestic violence or abuse in your relationship? Are you feeling threatened and unsure about your future safety? If so you may be able to get a protective order from the court.
What is a Protective Order?
A Protective Order is a legal order issued by a court that aims to protect an individual from harassment, abuse, or violence from another person. This type of order typically requires the perpetrator to stay away from the victim and refrain from any form of contact, including phone calls, emails, and in-person visits.
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The Different
Types of Protective Orders
Emergency Protective Orders
An Emergency Protective Order (EPO) is a temporary order issued by a judge to protect someone in immediate danger. These orders are typically granted without a hearing and can last up to five days. They are often issued when the police have been called to the scene of a domestic violence incident.
Temporary Restraining Orders
A Temporary Restraining Order (TRO) is similar to an EPO, but it lasts longer, typically up to 20 days. These orders are
granted after a hearing and may include provisions such as prohibiting the restrained party from coming near the victim, contacting
the victim,
or possessing firearms.
Domestic Violence Protective Orders
A Domestic Violence Protective Order is a court-ordered document that stops a person from engaging in abusive behavior to a family member or partner. This type of order is used in domestic violence cases and protect victims of stalking or harassment. DVPOs can last for up to one year and can be renewed if necessary.
Stalking Protective Orders
A Stalking Protective Order is a court-ordered document that prohibits a person from engaging in stalking behavior toward another person. Stalking is defined as repetitive and intentional behavior that causes fear or harm to the victim. These orders can last up to one year and can be renewed if necessary.
Harassment Protective Orders
A Harassment Protective Order is a court-ordered document that prohibits a person from engaging in harassing behavior toward another person. Harassment is defined as repeated behavior intended to cause fear or harm to the victim. These orders can last up to one year and be renewed if necessary.
If you or someone you know is in immediate danger, it is important to seek help from the police and the court system. Daniel’s law firm helps you do just that. We can aid in obtaining these orders which can provide a sense of safety and security for victims, allowing them to focus on healing and moving forward.
How to Get a Protective Order in Texas:
Step 1: Read the Entire Protective
Order and Follow It
When reading a protective order, it is important to take the time to understand the order and follow the necessary steps to comply with it. Here are the steps you should take when reading a protective order:
Read the
Entire Order
It is important to understand the entire order. This will help you avoid violating any terms of the order and make it easier to fight a permanent order if necessary.
Check the court
hearing schedule
Review the order to find out when the court hearing is scheduled and when response papers are due.
Understand
the allegations
Make sure to take note of any allegations or evidence against you.
Understand
your rights
You should take note of your rights, such as the right to receive notice of the hearing, to present evidence, and to have a lawyer present.
Contact
a lawyer
You may want to seek legal advice from a restraining order lawyer to better understand your situation and possibly fight the order in court.
Follow the terms
of the order
It is important to obey the terms of the order to avoid any potential criminal penalties.
Dispose of any firearms
or ammunition
You should dispose of any firearms or ammunition in your possession to comply with the order.
How to Get a Protective Order in Texas:
Step 2: Preparation for the Hearing
If you are seeking a protective order from a family law attorney in Texas, it is important to be prepared for the hearing. The following tips can help you make the most of your time in court:
1. Seek legal advice like Daniels Law Firm, PLLC to understand your rights and the laws that apply to the court hearing.
2. Gather physical evidence, such as clothing, photos, videos, and objects that relate to any incidents or events the petition refers to.
3. Assemble any documents or records that could relate to the case, such as letters, emails, phone and GPS records, receipts, computer records, and records that might show where you were at the time of an incident.
4. Make a list of possible witnesses—include every person you think has information about the incident, the accusations, or the petitioner—and obtain the witnesses’ contact information.
5. Meet with your attorney to discuss the evidence and any other information relevant to the case.
6. Prepare your testimony for the hearing.
7. Attend the court hearing on time.
8. Follow the general rule: Don’t speak unless spoken to and address the judge as “Your Honor.”
9. Present your evidence and testimony to the court.
10. Question the petitioner regarding the allegations.
At Daniels Law Firm, PLLC, our attorneys are well-versed in court hearings and have a lot of experience with attending protective order hearings. We will guide our clients in all matters including what documents they will need, and any evidence that might help and help you prepare for the hearing. We will make sure that our client is 100% ready and prepared to attend the hearing.
How to Get a Protective Order in Texas:
Step 3: Go to the Hearing
The process for going to a hearing for a protective order in Texas is as follows:
1. The court will issue a temporary or ex parte (ex PAR-tee) restraining order that will last for a few days, based only on allegations presented by the petitioner and without holding a hearing.
2. Before issuing a more permanent order (which can last 2 years or more), the judge must give the respondent notice and an opportunity to be heard in court and to contest the allegations. These hearings usually take place within a week or slightly longer, so the respondent should prepare accordingly.
3. After the temporary protective order is issued, the court is required to hold a hearing to determine whether the protective order should be permanently entered.
4. At the hearing, the petitioning party will testify about why they believe a protective order is necessary and will provide information about any incidents of domestic violence or threats allegedly perpetrated by the respondent.
5. The respondent will then have the opportunity to rebut the petitioning party’s testimony and provide reasons why a protective order should not be issued.
6. If the court finds that family violence has occurred and is likely to occur again without Court intervention, the court will enter a permanent protective order.
7. The respondent may then object to the court’s recommendations and request an evidentiary hearing before a district court judge.
How to Get a Protective Order in Texas:
Step 4: Stand up for Your Rights
If you are the alleged offender and you have been served with a protective order, it is important to understand your rights. You have the right to contest the order and present your side of the story in court. However, if you violate the order, you could be arrested and charged with a crime.
If you have been served with a protective order, it is important to seek legal assistance from a family law attorney. Daniel’s law firm can offer guidance and help you contest a protective order by following the proper court system.
How to Get a Protective Order in Texas:
Step 5: Stay Connected
If you are a victim of family violence and you have obtained a protective order, it is important to stay connected with your attorney. Our attorneys from Daniels law firm can provide you with updates on the status of your case and help you understand any new developments. Additionally, we can help you navigate the often-complex legal process and ensure that your rights are protected. If you have any questions or concerns about your case, be sure to contact us at Daniels law firm.
The Impact of a
Protective Order on Your Life
While it can provide essential rights and protections, it can also have certain restrictions and limitations. A Protective Order can impact your life in various ways, including:
It is important to understand the impact that a Protective Order can have on your life, including both the rights and protections it provides and the restrictions it may impose.
Your Rights and Protections
Under a Protective Order
Having a Protective Order in place gives you important rights and protections that can help you feel safe and secure. Some of the key rights and protections include:
No Contact
The person who is the subject of the protective order is prohibited from having any contact with you, either directly or indirectly. This includes phone calls, text messages, emails, or any other form of communication.
Stay Away Order
The person who is the subject of the protective order must stay away from you, your home, place of work, and any other location where you may be.
Guns and Weapons
The person who is the subject of the protective order may also be ordered to surrender any firearms or weapons in their possession.
Police Enforcement
The police have the authority to enforce the protective order and an arrest if the person who is the subject of the order violates any of its terms.
Penalties for Violation
If the person who is the subject of the protective order violates the order, they can be charged with a criminal offense and face fines or imprisonment.
Right to Modify or Extend
You have the right to ask the court to modify or extend the protective order if you believe that the person who is the subject of the order continues to pose a threat to your safety.
Right to a Hearing
You have the right to a hearing in court if the person who is the subject of the order contests the protective order or if you want to modify or extend the order.
The Consequences of
Violating a Protective Order
The consequences of violating a Protective Order can be severe and have a lasting impact on a person’s life. A Protective Order outlines specific restrictions and conditions the person named in the order must abide by. If the person named in the order violates any of the terms, they can face serious legal consequences, including:
1. Arrest: The person named in the order can be arrested for violating the terms of the Protective Order. This can result in a criminal record and the possibility of serving time in jail or prison.
2. Fines: The person named in the order can be fined for violating the terms of the Protective Order. These fines can be substantial and add up quickly, leading to financial strain and difficulty.
3. Imprisonment: In severe cases, the person named in the order can be sentenced to serve time in jail or prison for violating the terms of the Protective Order. This can have a devastating impact on their life, including the loss of employment and personal relationships.
How The Daniels Law Firm
Help with Your Protective Order Case
Protective orders are crucial legal means that help people protect themselves and their loved ones from harassment, abuse, violence, or stalking. The Daniels Law Firm is committed to helping people who are in need of protective orders.
We understand that filing for a protective order can be a difficult and stressful process. That’s why our attorneys will work with you every step of the way, providing you with the support and guidance you need. From explaining the legal process and helping you prepare for the court to represent you in court, our attorneys will be with you every step of the way.