Protective Order
If you fear for your safety, or the safety of your child, you can take legal steps TODAY to protect yourself. You can go to court to ask for a protective order to prevent family violence.
The court wants to ensure your safety; and so do we. Contact a family violence lawyer at the Schneider Law Firm for quick, responsive action. Call 817-755-1852. An initial hearing will be scheduled soon after you file your papers.
Getting a Temporary Protective Order
There are several types of emergency orders available in Texas. In cases of family violence, a request for a protective order can be filed by a victim who is related to the offender, living with the offender, or has a child with the offender.
We can help you fill out the form, or you can do it yourself. We can accompany you to the first hearing, or you can go alone. At that first hearing, the person you are accusing of abuse will not be present. It will be you, the judge and your lawyer, if you bring one.
Temporary Restraining Order
The judge will ask questions and in most cases will grant a temporary protective order or restraining order that will be in place for 14 days. That order will be served by the sheriff on the other person and he or she will need to follow a list of conditions that may include:
- Moving out, if he/she lives with you
- Staying a certain number of feet away from you, your home, your workplace, and other places you may be
- Staying away from the homes of your relatives
- Not contacting you by phone or email, mail or text message
- Other conditions, depending upon the information you shared at the initial hearing
If you are dependent upon income from the person who must now move out, you will need to ask the judge for a support order.
Getting a Permanent Protective Order
If you feel that you need a longer protective order, you will need to attend a second hearing with the judge to ask for a “permanent” order for protection. A permanent restraining order can last up to two (2) years. There are no Texas protective orders that last more than two years.
Unlike the first hearing, where the judge relied exclusively on your testimony, the accused person will be at this second hearing and will have an opportunity to dispute your claims and make their own case. He/she will most have a lawyer. You will need one, too.
The accused will come with evidence supporting his/her claim that the abuse did not occur or was not as serious as you said. You will need evidence to support your claim that you are in fear for your life and safety. Between the first and second hearing, we will work with you to develop evidence you can bring to the judge.
The family violence lawyers at the Schneider Law Firm work in the areas of family law and criminal law. They are well prepared to help you bring your case to court to protect yourself and your children. Call our law office at 817-755-1852 or email us for immediate help.
