If an Order of Protection Is Filed Against Me, Should I Hire a Criminal Defense Lawyer?

 Posted on April 22, 2021 in Criminal Defense

Abuse is unfortunately common in many families across the U.S. Whether it be physical, emotional, or financial, victims of abuse can often continue to suffer under the hands of their abuser for years, some without even recognizing that what they are enduring is considered abuse. Making the decision to leave an abusive relationship is a courageous one to make, and sadly many victims of abuse believe that they have no way of escaping their relationship due to the possibility of their abuser lashing out. The state offers orders of protection for those who have endured abuse. But what about when false accusations of abuse are made? How can someone being accused of domestic violence defend themselves?

What Does a Protective Order Do?

A protective order, commonly known as a restraining order, is a court order that requires the listed party to stay away from the petitioning party and any family members included in the order. Victims of domestic violence, stalking, or sexual abuse are able to request a temporary or permanent protective order to make themselves feel safe. A court can include the following requirements in a protective order:

• Not to hurt, threaten, or harass the petitioner or your children
• To keep your distance from the petitioner or your children’s home, workplace, and school
• Not to carry a weapon, even if you have the proper licensing
• Require the payment of child or medical support
• Require supervised visitation with your children

In addition to these restrictive terms, those who have a protective order against them must be listed on the Texas Protective Order Registry.

Why Do I Need a Criminal Defense Lawyer?

Being hit with a protective order is not the same as facing domestic violence charges. There are no criminal charges that come along with the protective order; however, there are serious consequences. Those whose spouse or significant other is filing a protective order against them likely did not have an especially healthy and loving relationship with them before the order was filed and may not feel a significant loss from being able to see the person filing the order.

However, a protective order typically has the greatest impact when it comes to children. If your spouse or co-parent files a protective order, you will likely lose custody and visitation rights to your kids, aside from the possibility of supervised visitation. Protective orders that are made without adequate cause can take your kids away from you, which is often one of the reasons that these false accusations can be made. In addition to losing your kids, the public has access to the Protective Order Registry and can search to see if your name is included on the list. Similar to a Sex Offender Registry or the public record of criminal backgrounds, this registry can greatly impact your capabilities of being accepted at colleges or universities, securing a job, and more. While a protective order in and of itself does not equate to criminal charges, the consequences that follow can greatly impact your life and there is the possibility of domestic violence charges being filed against you sometime in the future.

Contact an Atascosa County Criminal Defense Attorney

If you have been hit with a protective order under false pretenses, it is important that you set the record straight. No one should face the familial and social implications of a protective order without adequate reason. BRCK Criminal Defense Attorneys can help you appeal a protective order to keep you free from its restrictions and avoid the legal document being used as proof of untrue domestic violence accusations in the future. If you have a protective order against you, contact our Jourdanton criminal defense attorneys at 830-769-1010 today.

Sources:

https://texaslawhelp.org/article/protective-order-fact-sheet

https://www.txcourts.gov/judicial-data/protective-order-registry/