Katy Protective Order Lawyers
Protecting Clients from Family Violence
If you or your child is a victim of family violence, you must take immediate action to protect your family. While calling the authorities or seeking an emergency shelter are effective ways to put a temporary stop to the problem, you should obtain a protective order to help prevent future violence.
Hunt Law Firm is devoted to family law cases, and we take domestic violence very seriously. When you retain our Katy protective order attorneys, you can expect a team that will work tirelessly to defend your rights and safety. If you or your children are in danger, the time to act is now. Get started with you case by contacting Hunt Law Firm, PLLC immediately.
Put a stop to family violence. Contact Hunt Law Firm today to pursue a protective order.
Protective Orders vs. Restraining Orders
In Texas, victims of family violence can protect their families by obtaining either a restraining order or a protective order.
The differences between the two are as follows:
- Restraining orders are the more well-known of the two, and are generally much easier and faster to obtain. To get a restraining order, you do not need to prove that any domestic violence occurred, nor will you need to testify in court. However, they are significantly weaker than a protective order, as they cannot be enforced by law enforcement, only by the courts.
- Protective orders, on the other hand, offer enforceable protection for you and your family. These orders can actually prohibit the offending party from even getting near your family members. If the prohibited party violates the terms of the order, they are in violation of the law and can be taken into custody.
To discuss your case with our team, schedule your initial consultation today.
What Can a Texas Protective Order Do?
In the context of family law, a protective order is issued by a court and prohibits the person named in the order from committing further acts of family violence. A Texas protective order can be effective for up to two years and can be enforced by law enforcement.
If you are a victim of domestic violence or if your children are being abused by their other parent, you can ask the court to issue a protective order against the abusive party. A protective order can have many functions, including ordering an abuser to:
- Move out of the marital residence;
- Stay away from you, your home, school, and work;
- Stop abusing you or making threats against you;
- Not contact you, or communicate with you in any way;
- Not harass you, or threaten to harass someone you know;
- Not possess or control any firearms;
- Not go near the children’s daycare, school, or babysitter;
- Not harm the family pets; and
- Not take your children away from you.
If you decide to seek a Protective Order, the abuser will be served and you will need to go to court, but you will not be alone. If pursued through the District Attorney’s office, a prosecutor will be there. If pursued privately or through the DA’s office an attorney from a private law firm can be there to guide you through the process. If the abuser agrees to stop the abuse and leave you alone, an “Agreed Protective Order” may be issued by the court.
If the abuser does not show in court, by default you may automatically receive a Protective Order. However, if he or she denies the accusations of family violence, there will be a hearing and a judge will decide whether or not to issue a Protective Order on your behalf.
Once a Protective Order is issued, if the abuser violates any of the conditions set forth in the order, he or she can be arrested and face criminal charges under Texas law.
Requirements for a Protective Order
Unfortunately, a protective order often cannot be issued unless family violence has already occurred. This is because these orders have a significant impact on the rights of the other party, and can have severe repercussions on their career and daily life.
Typically, the following will be required in order to obtain a protective order:
- Family violence must have already occurred
- You must be able to prove that violence occurred
- You must demonstrate that violence is likely to happen again
How Long Do Protective Orders Last?
The length of time that a protective order lasts depends on a variety of factors, including:
- The type of abuse
- The severity of harm inflicted
- The presence of children
- Whether or not an arrest was made
- Past abuse
- The likelihood of future abuse
Protective orders generally last for two years. However, they can be longer in certain circumstances, such as sexual assault and stalking.
Take Immediate Action to Protect Your Family
If you or your family is in danger, call law enforcement immediately. Your next step should be to contact a skilled Katy family law attorney to obtain a protective order. While emergency orders can be obtained, it will generally take a week or more for the order to be issued. For this reason, it is crucial to begin the process as soon as family violence occurs.
Hunt Law Firm is committed to providing high quality counsel to our clients, and works aggressively to defend their rights and safety. When you retain our firm, our attorneys will be the communicative, dedicated legal advocates you need during this difficult time.
Do not wait to start the protective order process. Contact Hunt Law Firm online now or by calling (832) 781-0320.
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