Protective orders are meant to keep individuals safe. They can prevent someone from harming a loved one or a stranger. However, they are not always used for the right reasons. Some individuals use protective orders to punish another individual. Others use them to gain an advantage in a divorce or custody battle.
If someone files a protective order against you in Tarrant County, it can have a major impact on your life. You may not be able to go home, see your children, or go about your daily routine. The restrictions can be severe. Fortunately, a Fort Worth protective order attorney can help you challenge the order. At Cole Paschall Law, we have experience fighting for those who are wrongfully subjected to protective orders.
How Do People Obtain Protective Orders in Tarrant County?
In the state of Texas, protective orders are designed to keep a person safe from another individual. When someone files for a protective order, the court may grant one if they believe the individual is in danger. The protected person typically must stay at least 200 feet away from the other individual.
Protective orders are most commonly filed in cases involving domestic abuse, family violence, sexual assault, or stalking. A family member, a district attorney, or the alleged victim can file for the order. Once filed, the Tarrant County court will hold a hearing to determine whether the order should be granted.
Temporary ex parte protective orders can be issued without the accused being present. These last up to 20 days and are meant to provide immediate protection. A full hearing will follow, at which both sides can present their case.
Types of Protective Orders in Texas
Texas law provides for several types of protective orders, each with different requirements and durations:
- Emergency Protective Order (EPO): Issued by a magistrate at the time of arrest, typically in family violence or sexual assault cases. Lasts 31 to 91 days. The alleged victim does not need to request this u2014 law enforcement or the judge can issue it automatically.
- Temporary Ex Parte Protective Order: Issued by a court without the respondent being present if the court finds clear and present danger. Lasts up to 20 days until a full hearing can be held.
- Final Protective Order: Issued after a full hearing where both sides present evidence. Can last up to 2 years, or longer in cases involving serious bodily injury or sexual assault. Some may be permanent.
- Magistrate’s Order of Emergency Protection (MOEP): Similar to an EPO, issued specifically following an arrest for family violence, sexual assault, or stalking.
What Happens if You Violate a Protective Order?
If you are subject to a protective order, you must follow its terms carefully. A violation of a protective order is a serious offense that can result in criminal charges. Some of the things you may be prohibited from doing include:
- Communicating with the protected person in any way
- Going near the protected person’s home, workplace, or school
- Possessing a firearm
- Committing further acts of family violence
- Threatening the protected person directly or through another party
A first-time violation of a protective order is typically a Class A misdemeanor, which can result in up to one year in jail and a fine of up to $4,000. However, if you have been convicted of violating a protective order two or more times, the charge can be elevated to a third-degree felony. This can carry a prison sentence of two to ten years and a fine as high as $10,000.
Can You Challenge a Protective Order in Tarrant County?
Yes. You have the right to challenge a protective order in court. In many cases, protective orders are based on false or exaggerated claims. The accuser may have ulterior motives, such as gaining an advantage in a divorce or custody dispute.
At the hearing, your Fort Worth criminal defense attorney can cross-examine the person who filed the order. They can present evidence that contradicts the allegations, including text messages, witness testimony, and other documentation that undermines the petitioner’s claims. If the court finds that the order was not warranted, it can deny or dissolve the protective order.
Even if the court grants the order, your attorney can argue for less restrictive terms. For example, they may be able to negotiate conditions that allow you to see your children or return to your home under certain circumstances.
How a Protective Order Affects Your Rights
A protective order in Texas has far-reaching consequences beyond the immediate restrictions on contact:
- Firearms: Under both Texas and federal law, you are prohibited from possessing firearms while subject to a protective order. Violation of this restriction is a federal crime.
- Criminal Record: While a protective order itself is a civil matter, it can appear on background checks and affect employment, housing, and professional licensing applications.
- Child Custody: A protective order can significantly affect custody arrangements and visitation rights. Courts take protective orders into account when determining the best interest of the child.
- Immigration: For non-citizens, a protective order can have immigration consequences, particularly if it involves findings of domestic violence.
Work With a Fort Worth Protective Order Attorney
A protective order can turn your life upside down. It can keep you from your family, your home, and your daily life. But you do not have to accept it without a fight. At Cole Paschall Law, our experienced attorneys u2014 including a former judge and a board-certified criminal law specialist u2014 can review your case and help you understand your options.
Whether you need to challenge a protective order, defend against a violation charge, or negotiate less restrictive terms, we are here to help. We also represent clients facing related charges including domestic violence, assault, and probation violations.
Contact Cole Paschall Law today for a free consultation. We are available 24/7 to take your call at (817) 477-4100.
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