Protective Orders In Texas Domestic Violence Cases

Protective Orders In Texas Domestic Violence Cases

In Texas, domestic violence is a serious issue, and the courts take swift action to protect individuals who claim they are at risk. One of the key legal tools used in these cases is the protective order, which can impose significant restrictions on a person’s freedom. At our law firm, we understand how overwhelming it can be to face a protective order, especially when it comes with the weight of a domestic violence accusation.

If you have been served with a protective order, you need to understand how protective orders work, what they mean for those accused, and how to effectively challenge them when necessary. Protective orders are not handed down lightly, but neither should they be accepted without contest when unfairly issued. We have successfully defended many clients in Galveston and Houston who have been involved with protective order proceedings, and we are committed to providing the best possible defense for those caught up in such cases.

What Is a Protective Order?

A protective order is a legal directive issued by a court to protect individuals from domestic violence, harassment, stalking, or sexual assault. The Texas Family Code outlines the procedures for issuing protective orders in domestic violence cases, providing protection to alleged victims while placing strict restrictions on the person accused. Under Texas Family Code § 85.001, courts may issue a protective order if they find that family violence has occurred and is likely to occur again in the future. These orders are designed to prevent further harm by imposing conditions on the respondent (the person accused of committing violence).

When someone files for a protective order, the court may impose temporary emergency orders initially without giving the respondent a chance to present their side of the story. This happens after an application for protective order is filed; the information within the application must present a clear and present danger of family violence, and if so, then the court without further notice to the individual accused of committing the family violence, will enter a temporary ex parte order for protection of the applicant or any other member of the applicant’s family. Texas Family Code § 83.001 speaks to this issue. These exp parte orders are only good for a max of 20 days since it deprives the accused the right to a hearing on the issues. After that time elapses, a hearing will be scheduled, where both parties have the opportunity to present evidence.

Types of Protective Orders In Texas

In Texas, protective orders generally fall into three categories:

1. Temporary Ex Parte Protective Orders – As mentioned, these orders can be issued on an emergency basis without notice to the respondent and can last for 20 days. They are used when the court believes there is an imminent threat of violence.
2. Final Protective Orders – If, after a hearing, the court finds sufficient evidence of family violence, it may issue a final protective order. These orders can last up to two years, though they may be extended under certain circumstances, such as when the court believes the respondent is likely to re-offend or has committed an act of felony-level family violence.
3. Magistrate’s Order of Emergency Protection (also known as an emergency protective order) – This type of order is issued after a person has been arrested for family violence, sexual assault/abuse, indecent assault, stalking, or trafficking. A judge may issue an emergency protective order at the request of the victim, or at the request of a police officer, state attorney, or even at the magistrate’s own decision. However, the magistrate must issue this type of order if the crime involved family violence resulting in serious bodily injury or if the accused used or exhibited a deadly weapon while committing the family violence assault. These orders usually last between 31 to 61 days, depending on the severity of the offense, but if a deadly weapon was used, then the order is usually good for 61-91 days. See Texas Code of Criminal Procedure art. 17.292.

Legal Consequences of a Protective Order

If a protective order is issued against you, the consequences can be far-reaching and severe. Violating the terms of a protective order can result in criminal charges, fines, and even jail time. You may be prohibited from returning to your home, having contact with your spouse or children, or going to certain places, such as your workplace or your children’s school. In some cases, protective orders also affect your ability to possess firearms. These restrictions can have a devastating impact on your personal and professional life.

Additionally, being subject to a protective order can harm your reputation and future opportunities. Employers may be hesitant to hire someone with a protective order on their record, and having one on file could complicate divorce or custody proceedings. If you are facing a protective order, it is essential to understand your rights and the options available to contest the order. A skilled attorney can help you present evidence, cross-examine witnesses, and argue on your behalf at the hearing.

Defending Against a Protective Order

While protective orders serve an important role in protecting victims of domestic violence, they can also be used as a legal tactic in divorce or custody disputes. It is not uncommon for one party to seek a protective order to gain leverage in such cases. However, the court requires credible evidence before issuing a protective order, and respondents have the right to challenge the order and defend themselves.

There are several defenses we can employ when challenging a protective order:

1. Lack of Evidence – In many cases, protective orders are requested based on unsubstantiated claims. To secure a final protective order, the applicant must provide evidence of actual violence or the threat of violence. If the evidence is insufficient, the court should not issue the final order.
2. False Allegations – Unfortunately, false claims of domestic violence are sometimes made to manipulate family law outcomes. We work diligently to uncover inconsistencies in the accuser’s story, gather evidence to refute their claims and present a strong case on your behalf.
3. Violation of Due Process – Every person is entitled to due process, which means you have the right to be heard before any final order is issued. If you were not given adequate notice or an opportunity to defend yourself in court, we can argue that the order was improperly granted in certain cases.
4. Self-Defense – If you acted in self-defense or in defense of others, you have the right to protect yourself from harm and the court should be made aware of this. We can present evidence that your actions were reasonable under the circumstances should the facts of the circumstances fit.

How Mark Diaz & Associates Can Help

At Mark Diaz & Associates, our protective order defense attorneys in Galveston are committed to helping you protect your legal rights. We are ready to guide you through the process and fight for the best possible outcome. Whether you are dealing with a temporary or final protective order, our firm will work tirelessly to help you – whether it be by challenging the order or the legal process, we will do everything we can to protect your reputation and minimize any negative impact on your life. With our experience defending domestic violence allegations involving protective orders in Galveston and the surrounding areas, you can trust us to provide you with the legal support you need.

FAQs About Texas Protective Orders In Domestic Violence Cases

What Happens If I Violate a Protective Order In Texas?

Violating a protective order is a criminal offense in Texas. Depending on the nature of the violation, you could be charged with a Class A misdemeanor, which carries penalties of up to one year in jail and fines up to $4,000. In cases where the facts are more serious or there are multiple allegations within a short amount of time, it’s also possible to be charged with a new felony offense for the alleged protective order violations. It’s important to follow the terms of any protective order strictly and consult an attorney if you have concerns.

Can I Fight a Protective Order If I Was Falsely Accused?

Yes. In Texas, you can and should fight a protective order especially when you’re falsely arrested. During the hearing, you have the right to present evidence that disputes the allegations against you. These hearings often include testimony from witnesses, electronic communications, or any other evidence that supports the case of each side. To do this properly and most effectively, it’s critical to have an experienced attorney by your side to help you build a strong defense.

How Long Does a Final Protective Order Last?

A final protective order can last up to two years in Texas. The court may also extend the duration of the order in more serious cases, such as cases of repeated violations or felony-level family violence. If you have been issued a protective order, it is important to know the exact terms and duration of the order so that you can comply fully.

Can a Protective Order Affect My Custody Rights?

Yes, a protective order can impact child custody and visitation rights. Courts often view protective orders as evidence that one parent poses a threat to the safety of the children. If you are involved in a custody dispute, the issuance of a protective order could result in limitations on your visitation or even the loss of custody. We can work to challenge the protective order and advocate that any restrictions as to you and your children be lifted.

What Evidence Is Needed For a Protective Order To Be Issued?

To obtain a protective order, the applicant must provide evidence that family violence has occurred and is likely to occur again. This can include testimony, photographs, medical records, police reports, or any other documentation of the alleged abuse. The court will consider the credibility of the evidence before making a decision.

Can a Protective Order Be Dropped or Dismissed?

Yes, a protective order can be dropped or dismissed if the applicant decides they no longer need it or if the respondent successfully challenges the order in court. If you believe the protective order against you is unjust, contact an attorney to discuss your legal rights.

Call Our Protective Order Defense Lawyer In Galveston For a Free Consultation

At Mark Diaz & Associates, we understand that being subject to a protective order can turn your life upside down. If you are facing a protective order due to domestic violence allegations, our experienced legal team can help you navigate the complexities of the legal system and protect your rights. Don’t wait—contact our protective order defense lawyers in Galveston at Mark Diaz & Associates by calling 409-515-6170 to receive your free consultation. We represent clients in Galveston, Houston, and the surrounding areas. Let us help you through this challenging time and fight for the best possible outcome in your case.