Two types of restraining orders exist in Texas, which are intended to protect
victims of harassment, stalking, abuse, and further acts of violence.
These orders are known as family violence protective orders and sexual
assault protective orders. Both are issued by a judge after a plaintiff
files an application and is able to prove a legally defined form of family
violence or sexual assault took place or will likely take place. Once
a year has passed, those whom the restraining order is against have an
opportunity to have it reviewed and request a motion to determine if it
is still necessary.
The Restraining Order Hearing
If an order has been taken out against you, you will be notified when you
are served papers, which should also include your hearing date. If a temporary
restraining order exists, you will also be informed of it. You must follow
the terms of this temporary order whether you sign for it or not. Not
doing so means you could be held in contempt of court. Following it or
accepting it does not mean you are admitting guilt.
Your full hearing will take place within 5 to 30 days. You are entitled
to legal representation for this process. To have the order against you
dropped, it is crucial to prove you did not commit any of the alleged
acts the plaintiff claimed occurred. To effectively prove this, it is
crucial to have witness testimony. If this attempt to the order dropped
fails, it will be valid for 2 years, unless a judge determines otherwise.
Dropping an Existing Order
The 2-year time frame on the protective order can expire early if, after
a year, the court reviews your case and decides it is no longer necessary
for the safety of the plaintiff. If you are unable to have it dropped,
however, you can still have the protective order modified. If the alleged
victim agrees to have an order dropped, a judge on your case might be
more likely to modify the order to remove the “stay away”
restriction.
Being in full compliance with a protective order against you is your best
chance at having it removed or modified. Violating it will almost surely
make the court far less inclined to remove the order. To increase your
chances of success, it would be wise to seek the representation of an
experienced attorney who has handled cases such as yours in the past.
Consequences of Violating a Protective Order
Anyone who violates a protective order can face some severe consequences,
including:
- Criminal charges: A fine of up to $4,000 and 2 years in jail, depending
on whether the violation was a misdemeanor or a felony.
- Civil contempt: A fine of up to $500 and/or 6 months in jail.
Having a protective order against you also means you will not be allowed
to possess a firearm and your actions will be heavily restricted.
Texas Domestic Violence Attorney
Texas has incredibly strict penalties when it comes to matters regarding
domestic violence. Not everyone accused of domestic violence is guilty,
however, and sometimes individuals use the system against those with whom
they have a bad relationship as a form of vengeance. If you have a protective
order against you, it is crucial to have it dropped or modified to regain
your lost freedoms. At The Law Offices of Alex R. Hernandez, Jr. PLLC,
our Texas criminal defense lawyers are prepared to stand by your side
and fight to secure a desirable outcome for your case.
Contact us today at
(888) 907-8994. Our attorneys are available 24/7.