Family Violence Protective Orders
Legal Protection Against Family Violence
Divorces
Divorces encompass every area of your life. A client’s finances, family, employment, and all personal and business assets accumulated during the marriage. Getting a divorce is a grueling experience, but having an Alchemy Attorney walk this rocky road alongside will give you comfort to deal with the curve balls this unfortunate situation brings. We will always seek a harmonious and smooth solution in a familial, thoughtful kind of way because we believe harmony is the best path for this service.
Applicant for Protective Order
If you have courageously endured an act of family violence, you can file for and establish an emergency temporary protective order, which does not require a hearing, and can be obtained with only your sworn affidavit attesting to the family violence you experienced.
A protective order restrains the accused person, also known as the Respondent, from harassing, stalking, or threatening the physical safety of the petitioner. The limits that a protective order can impose on the Respondent’s freedom depend on which type of protective order is granted. There are four different types of protective orders that may be issued after an accusation of domestic assault:
- Magistrate’s Order for Emergency Protection (EPO)
- Twenty-Day Temporary Ex Parte Protective Order (Family Violence)
- Two-Year Protective Order (Family Violence)
In Texas, protective orders, also known as restraining orders or orders of protection, are legal orders issued by a court to protect individuals from harm or harassment. These orders are typically granted to victims of domestic violence, stalking, sexual assault, or other forms of abuse. A protective order can provide several types of relief, including prohibiting the abuser from contacting the victim, staying away from their home or workplace, and relinquishing firearms.
To obtain a protective order in Texas, an individual typically files a petition with the appropriate court. If the court finds that there is sufficient evidence of violence, threats, or harassment, the court can issue a temporary ex parte order, which is a temporary protective order granted without the abuser’s presence. A hearing is then scheduled within 14 days to determine whether a final protective order should be granted.
Repondent to a Protective Order
The most important aspect of being accused of family violence is obtaining representation before the first hearing, and as soon as possible following notice of the allegation. DO NOT wait to do a De Novo after you have already been on the losing end of the first Protective Order hearing and the judge ruled and the Protective Order has been granted. It is nearly impossible to get a Protective Order reversed once the gavel has come down in favor of the Applicant and against you.
If you are the Respondent and need to defend against an allegation of family violence, Here are a few common defense approaches our Firm may take:
- Contesting the allegations: Your Alchemy Attorney will scrutinize the evidence presented by the Petitioner/Applicant and challenge its credibility or relevance. We may cross-examine witnesses, present contrary evidence, or argue that the petitioner’s claims lack merit.
- Lack of evidence: If there is insufficient evidence to support the allegations of abuse, the Firm will argue the protective order should not be granted. They may challenge the credibility of witnesses or highlight inconsistencies in the petitioner’s account.
- Constitutional defenses: We may raise constitutional challenges on your behalf, such as arguing that the protective order violates the respondent’s due process rights or infringes upon their freedom of speech or association.
- Negotiating a settlement: In some cases, depending on the evidence, we may negotiate with the other side to reach a mutually agreeable resolution. This could involve modifying the terms of the protective order or seeking alternative remedies that address the concerns of both parties.
- Challenging procedural errors: We will review any relevant past court proceedings and the handling of the case to identify any procedural errors or violations that could be used to challenge the validity of the protective order. This may require obtaining court transcripts.
If you are the Applicant or Respondent in a family law matter and are married to the other party, you will have additional decisions, such as do you want a divorce or do you want to give it some time and attempt reconciliation? These are tough decisions, but your Alchemy Attorney will be well-equipped to provide you with extra thoughtful care as we matriculate through this.
Our Firm’s cultural framework is, “Grow Through What We Go Through” and we are here to go through it with you because we are The Law Firm with a Moral Compass, and we proudly wear compassion for our clients on our shoulders, so click below to schedule your free 30-minute consultation.