Protective Orders in Texas: How They Work and What You Should Know
A protective order is a court order that limits contact between two people. Courts issue these orders to prevent alleged harassment, threats, or violence. In Texas, a person who claims to be a victim of family violence, stalking, or sexual assault can request a protective order. Law enforcement and prosecutors can also ask for one on behalf of an alleged victim. If a judge grants the order, the person accused must follow strict rules, such as avoiding contact with the protected person or avoiding certain places.
Types of Protective Orders
Texas law allows for several different types of protective orders. For example, a temporary ex parte protective order lasts up to 20 days and can be granted without a hearing if a judge believes the person requesting it faces immediate harm. A final protective order lasts up to two years and requires a court hearing where both sides can present evidence. A magistrate’s order for emergency protection applies in some criminal cases, such as those involving family violence or assault, and can last from 31 to 91 days.
Protective Orders and Criminal Charges
Many protective orders are related to criminal charges. For instance, the court might issue a protective order against a person facing charges of family violence, assault, stalking, or harassment. A judge may issue an emergency protective order even if the protected person does not request one. Violating the terms of a protective order can lead to additional criminal charges, fines, and jail time. People facing criminal charges can defend against the restrictions of a protective order, which can impact their ability to live at home or see their children.
Defending Against a Protective Order
A person facing a protective order can challenge it in court. At the hearing, they can present evidence showing that the claims against them are false or exaggerated. Witness testimony, phone records, messages, and surveillance footage can support their case. A defense lawyer can also argue that a protective order is unnecessary or unfairly limits the person’s rights. If a judge has already issued a protective order, the person can ask for modifications or an early dismissal if the situation changes.
Consequences of Violating a Protective Order
Texas law treats protective order violations seriously. If a person ignores the order’s terms by contacting the protected person or going to a restricted location, they could face criminal charges. Even an accidental violation, such as an unplanned encounter, can result in an arrest. A first-time violation is a Class A misdemeanor, which can result in up to one year in jail and a fine of up to $4,000. Repeated violations or certain serious acts can lead to felony charges, which carry harsher penalties.
How a Criminal Defense Lawyer Can Help
A criminal defense lawyer can help you fight a protective order by challenging the claims behind it. They can present evidence to dispute the accusations, argue against unnecessary restrictions, and advocate for your rights in court. If you face criminal charges related to a protective order, your lawyer can build a defense strategy to fight both the charges and the order. If a judge has already issued a protective order, your attorney can fight to modify or remove it when possible.
Contact a Texas Defense Attorney Now
If you need help fighting a protective order or defending against related criminal charges in Texas, contact the Law Office of Al Rowland, PLLC today. We can explain your options and build a strategy to protect your rights. Call (469) 895-6555 or fill out our online form to arrange a free initial consultation.
