Let The Loftin Firm Help You Get a Restraining Order or Protective Order
In the heat of a domestic dispute, emotions can often lead parties to do things they couldn’t imagine otherwise. Some people, in anger or frustration, do petty, stupid or illegal things (such as hiding money, turning off utilities or canceling credit cards). Unfortunately, sometimes anger becomes or involves family violence. Often, the parties just need to cool off, but occasionally, you may need legal protection. When can you seek a restraining order to protect your safety? Do you need a protective order after domestic violence in Texas? What is the process for putting such measures in place?
What Is a Restraining Order in Texas?
A restraining order in a family dispute in Texas is defined by statute, as set forth in the Texas Family Code. The restraining order is an official court document which sets the rules for how people in a lawsuit are frankly to act and behave. Divorce often charges up emotions, so a restraining order is common from the parties or even in some courts from the judge without request.
Restrain yourself from doing bad things. Examples of common restraining orders are not to hide or move money, not to threaten or harm each other or each other’s property. This includes restraining yourself from tampering with emails or canceling utilities. Basically, it is the court’s order to help the parties not do bad things during their divorce. A violation of these orders could affect the final trial or even constitute contempt of court, which could lead to fines or even jail time if not followed.
Restraining orders are normal in most family law matters, but they are the different and more serious “protective orders.” A protective order prohibits the abuser from coming within a certain distance of the victim, as well as the victim’s home, place of employment and other locations. The order will customarily restrict or prohibit most forms of communication with the victim, including phone calls, letters, emails, text messages, gifts and other interactions, including between family, friends and other agents to protect the victim.
How Can You Get a Protective Order in Texas?
Because a protective order must be issued by the courts, you will need to initiate the process by either hiring an attorney or going to the courthouse or district attorney’s office. The request will be filed with the court and reviewed by a judge. The court will then schedule a hearing where all parties can provide evidence. Based on that hearing, the court may issue an emergency order, a larger order or even a permanent protective order.
Law enforcement officers can also request what is known as an “emergency protective order,” or “EPO,” if they have arrested someone for domestic violence. The EPO will typically be in force between 30 and 90 days. This usually happens at the time of arrest for family violence, even if the victim declines one.
It’s important to understand that you can get a protective order against anyone who poses a serious threat…they do not have to be a family member or spouse. It may be someone you’ve dated or with whom you’ve lived. It may simply be someone who has been stalking you, even though you’ve had no relationship with them at all.
Contact The Loftin Firm for Proven Divorce Counsel
Good results don’t just happen. They’re a product of experience, skill, knowledge and hard work. That’s the advantage you’ll get with The Loftin Firm. Over the past quarter of a century, Trey has represented countless men and women in Texas divorce proceedings, including situations where a party needed to seek or defend against a protective order. Trey can anticipate the arguments of opposing counsel and take the necessary steps to protect your rights.
Contact the office online or call the Loftin Firm at 817-441-8933 to set up an appointment. There is no cost or obligation for your first meeting.
Effective Advocacy for Clients across Parker County in Texas, including Weatherford,
Willow Park, Aledo, and Annetta, and throughout Fort Worth