Dallas Restraining Order Lawyer
What You Should Know About Texas Protective Orders
Restraining orders (called protective orders in Texas) help protect victims of abuse from their abusers. If you've received a protective order against you but believe the order is unwarranted or falsified, it's crucial you understand how restraining orders work so you can protect yourself.
If you're involved in a case where a protective order is issued, you should contact an attorney immediately. At Garcia-Windsor, P.C., our protective order attorney can help you understand how protective orders work and work with you to navigate your case. For a free consultation, fill out our online contact form, or give us a call at (214) 972-3025.
How Are Protective Orders Issued?
To issue a protective order, the plaintiff (the individual issuing the order) must follow a series of steps:
The plaintiff must meet the following requirements:
- they must be hurt or threatened by the individual they wish to issue the order against,
- they must be afraid that person will hurt them again, and
- they must have a close relationship with the person who hurt them. Note—this requirement doesn't apply in situations where the plaintiff is sexually assaulted or stalked.
- If the plaintiff meets these requirements, they can fill out an application for a protective order at their local court. These documents must be filed with the court. Under certain circumstances, the plaintiff may receive a "Temporary Ex Parte Protective Order," which acts as a protective order until the case can actually be resolved in court.
- Once the protective order is filed,the person receiving the protective order (the defendant) will be served with the protective order by a third party, often a county sheriff or an employee of a process serving firm hired by the plaintiff's attorney.
- The plaintiff and defendant will meet in court, and a judge will determine whether the restraining order is valid and should be upheld, or should be dismissed.
- If the judge chooses to issue the protective order, the defendant will have to take steps to comply with the order, such as moving out of a house they share with the plaintiff, maintaining a certain distance from the plaintiff, and cutting off contact with the plaintiff.
- If the defendant violates any of the stipulations set forth in the protective order, they may be found in violation of their restraining order and receive harsher penalties, such as fines or prison sentence.
It's important to note that, even though protective orders are technically civil orders, they will show up on your criminal record and as such may appear on background checks.
At Garcia-Windsor, P.C., our team has over 80 years of combined experience dealing with a variety of cases, including protective orders. To schedule your free consultation, contact us online or via phone at (214) 972-3025.