Texas issues restraining orders and orders of protection to victims of criminal offenses. The following criminal acts can warrant a restraining order or order of protection:
- Domestic violence
- Sexual violence
- Physical violence
- Emotional or mental abuse
- Human trafficking
In most cases, restraining orders are given to alleged victims of domestic violence to prevent the two romantic partners from interacting with each other. If a restraining order or protective order has been taken out against you, you are required to stay away from the petitioner, or the person who requested the order. You also cannot attempt to contact the petitioner in any way. If you have a restraining order or order of protection against you, contact our law office by calling 210-880-3931 for more information.
What Are the Types of Restraining Orders in Texas?
There are three main types of restraining orders that Texas courts recognize. While the rules for each remain generally the same, each order’s timelines differ.
The types of restraining orders in Texas include:
Emergency orders are issued when someone is arrested for sexual abuse, stalking, or domestic violence. Most emergency protective orders are effective for up to 61 days unless an incident involves the use of a deadly weapon. In that case, the order is effective for up to 91 days.
A temporary order is often issued without hearing the respondent’s testimony or side of the story. Temporary orders are effective for 20 days, although they can be extended to last until any criminal or civil proceedings against the respondent are complete.
Permanent orders are only issued after the court has heard from the petitioner and the respondent. These orders are effective for the period set by the court, generally around two years. However, they can be extended upon request from the petitioner.
What Happens After a Protective Order is Issued?
If someone files a protective order against you, the judge will grant it if they believe the petitioner is in danger. If the petitioner is your spouse or lives in the same home as you, you will likely be ordered to leave the premises to avoid violating the restraining order against you. You will then be required to stay away from the petitioner and avoid all communication with them, including text messages, emails, phone calls, and social media messages. You also cannot use a third party to contact the petitioner, like a friend or family member. If a permanent protection order is requested, you will be notified of the hearing in advance.
Can You Fight a Restraining Order?
In some cases, restraining orders and orders of protection are filed unnecessarily or on baseless allegations. If you believe the protective order was issued unfairly, you can work with our team of attorneys to file a motion in court. This motion will argue your case and ask the court to dissolve the order. Once you file, you will be assigned a court date that you must attend. Our team can represent you before a judge to argue your case.
If you believe the order is too broad or unfair, you can file a different motion to change the order’s terms. While the order will still be in effect, you can ask the judge to modify the order, allowing you to spend time with your children or contact your spouse about divorce negotiations. For more information about dissolving or modifying a restraining order or order of protection, call our attorneys today.
Should I Consult a Criminal Defense Attorney?
Having a restraining order against you can limit the amount of time you can spend in your home or with your children. Cases that involve restraining orders and orders of protection can quickly become contentious, leading to accusations that may be untrue. You deserve experienced representation to defend against these allegations. If you have had a restraining order taken out against you, our team at Flanary Law Firm, PLLC, can help you defend yourself against it. Call our office today at 210-880-3931. for a free consultation.