PROTECTIVE ORDERS IN TEXAS
Protective Order Attorneys Serving Denton & Cooke Counties
In the state of Texas, a protective order is a legal action designed to provide protection to people who have been abused or may be harmed by someone to or with which they are or have been married or in a relationship. In Denton and Cooke counties, as well as the rest of the state of Texas, both temporary and general protective orders can be obtained. A temporary order can last for a maximum of twenty days, and a general can last for up to two years. These are typically called “restraining orders.”
Being in a situation where you need a Protective Order can be very frightening. You may not know where to turn. The team at Hill & Hill is experienced in the areas of both family and criminal law, and we will be there for you when you find that you need a Protective Order to keep you and your family safe. If you are in Denton or Cooke counties, we will help you navigate the legal system to get the order you need.
A protective order protects you in that if the person you have it filed against violates that order, they can be fined or sentenced to time in jail. Any adult family member may file for a protective order, as can a prosecuting attorney, and the department of protective services.
Filing a Protective Order in the State of Texas
Like any other court order, there is a legal process needed to file a protective order. However, Texas state law and courts do what they can to make the process as easy as possible for the victim. Courts in Denton and Cooke county may even assess court costs in addition to Attorney’s costs on the abuser.
To request an order, you’ll have to provide just a bit of basic information about yourself like your contact numbers, the nature of your relationship with the person you are filing the order against, the details of why the order is needed, etc.
Different Kinds of Protective Orders
Not all protective orders are the same. They come in many different forms and courts use them to address, at times, very specific situations. This is partial list of the common types of protective orders that courts file in the state of Texas. It is not meant to be exhaustive:
- Exclusion from Private Places: In some cases, exclusion of all kinds of contact are unreasonable for any number of reasons. Typically, this is the type of order issued when the abusive partner may still need to see the person they are petitioning against, for example, to exchange children as part of a custody arrangement. This order requires the abusive partner to stay away from the petitioner’s “private places.” These include their home, school, place of employment, etc.
- Enjoin Contact: Commonly called “restraining order,” this type of order prevents any contact at all between the petitioner and the defendant. This is commonly used when such contact presents a risk of harm to the petitioner.
- Firearm License Suspension: In some cases, the court may require someone to give up their license or concealed carry permit if convicted of a crime against another person.
- Order Protecting Minors: A protective order can be used to protect a child from an abusive parent. An order can also be used to provide temporary custody, or to require the payment of child support as well.
- Counseling: It is not uncommon for the court to also issue an order requiring counseling along with a protective order. This counseling could be substance-abuse or anger-management related, etc.
What to Do if a Protective Order You Filed Has Been Violated
If someone you’ve filed a protective ordered against has violated the terms of that order, they will be punished with either jail time, a fine, or both. The maximum penalty is $4000 in fines and one year of jail time for a simple violation. However, if during the violation family violence or other crimes occur, the violation may carry jail time as well as any additional penalties other crimes committed bring.
We have 20 years of experience in the legal field and have helped countless clients with their legal issues. We know how scary it can be when your safety has been threatened. Getting a Protective Order can be one of the best things you can do to keep you and your children safe from someone who may wish to harm you.
Contact Hill & Hill today about getting Protective Orders and keeping your family safe.