What if an Order of Protection Is Filed Against Me in Texas?

 Posted on November 27,2019 in Criminal Defense

Being convicted of family violence charges is a serious crime, especially if children are involved. Domestic violence can come in many forms, including physical, sexual, and emotional abuse. Many victims will file an order of protection to distance themselves from their abuser before seeking domestic violence charges. Some people who file for orders of protection feel the need to take legal measures to feel safe, whether abuse occurred or not. Orders of protection are not difficult to obtain, and if one is filed against you, it is crucial to know the rules and regulations behind the court order to avoid facing serious criminal consequences.

Who Can File For an Order of Protection?

Orders of protection, commonly known as restraining orders, are set in place by the court to protect the petitioner from someone who has been violent toward him or her or has threatened violence. This is a common security measure taken by those who have been victims of sexual abuse. All of the following must be true to file for an order of protection:

1. The petitioner was hurt or threatened with harm by the alleged abuser.

2. The petitioner is afraid he or she will be hurt by the named abuser again.

3. The petitioner or his or her partner has a close relationship with the person who caused harm.

Those who have been victims of stalking and/or sexual assault can also obtain a protective order. Texas has a “kit” that must be completed to properly apply for an order of protection. This kit includes an application, an affidavit or declaration, a temporary ex-parte protective order, a protective order, and information about the respondent. Once the forms are completed, two copies of each form must be submitted to the courthouse. All those who file will be required to go to court to complete the legal process.

What Is Included in an Order of Protection?

Those who have an order of protection filed against them will be notified before the court proceedings begin, and this notification will warn them of the stipulations that are tied to the legal order. These orders forbid the respondent from hurting or threatening the petitioner. The respondent will also be forbidden from interacting with the petitioner, in addition to the petitioner's children, relatives, or pets (if applicable). Also, the respondent will not be allowed to go near the petitioner's home, workplace, and his or her children’s schools. Those who have an order of protection against them will not be allowed to own a gun or a license to carry a gun. If any of these stipulations are violated, law enforcement officials can immediately arrest the offender, leading to potential criminal charges. If the order is violated, the offender can face up to $4,000 in fines and up to one year in jail. For those found guilty of family violence, they may be charged with a felony or misdemeanor, and a conviction can result in at least two years in jail.

Call a Pleasanton Criminal Defense Attorney 

Depending on the circumstances, violating an order of protection could lead to serious fines and prison time. Orders of protection can be filed when a petitioner claims that they have been the victim of assault, family violence, and/or sexual offenses. BRCK Criminal Defense Attorneys can defend against all of these charges, including those tied to violating orders of protection. We have over 40 years of combined experience in criminal law, and we have handled thousands of cases throughout Texas. If you are facing criminal charges regarding a protective order, contact our Atascosa County order of protection lawyers at 830-769-1010 for a consultation. 

Sources:

https://www.txcourts.gov/media/1437657/protectiveorderkit-english.pdf

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.71.htm