Protective orders are meant to keep some individuals safe from harm. However, protective orders aren’t always made for the right reason. If someone files an order against you without a legitimate cause, you can fight it.
Here at Cole Paschall Law, we don’t want to see you treated unjustly. Rather, we want to stand up and fight for you. A Fort Worth protective order attorney knows how to effectively fight orders that have no grounds. If you’ve been arrested for violation of a protective order here in Fort Worth or Tarrant County, you may be able to beat it. Our firm has dedicated years to battling for justice, and we can represent you in your pursuit of justice.
How Do People Obtain Protective Orders?
With the average size of a household in Fort Worth at 2.88, this is a city comprised primarily of families. Sadly, protective orders are not uncommon. They aren’t always warranted, so it’s important that you understand how to obtain or fight a protective order. The process is fairly straightforward.
When someone experiences some type of domestic abuse, they suffer. The court system aims to prevent them from further harm or suffering by creating a 200 ft. buffer around the petitioner via a protective order. The order prevents future acts of family violence, which can apply to a spouse, child, or blood relative. In some cases, it can apply to a boyfriend or girlfriend.
To obtain the order, victims often go through an attorney. The attorney submits the required paperwork, and a judge reviews it.
What Happens if You Violate the Order?
If a judge approves the order, you must comply with it. Whether or not the allegations of abuse are true, you could face consequences for violating the order. You cannot do any of the following while the protective order is issued:
- Commit any act of family violence (which is already illegal, but this will trigger an additional charge)
- Communicate with someone protected in the order
- Make a threat to someone in the household through another individual
- Communicate with someone in the household in a harassing or threatening way
- Go near the locations listed in the order, or any residence, employment, childcare, or educational facility of the protected person
If you violate the order, you could face charges. Your actions could also result in other criminal charges. For instance, violating a protection order by physically harming the individual comes with multiple consequences. In addition to facing charges for violating the order, you also would face charges for the assault.
You and the other individual could resolve your agreement out of the courtroom. However, this does not impact the protective order. Until the court removes the order, you must comply with it.
Usually, an individual who violates the order is charged with a Class A misdemeanor. However, there are exceptions. If the defendant has two prior convictions for violating an order, the crime is more serious. When the individual violates an order by committing an assault or stalking, they are charged with a third-degree felony.
Can You Challenge a Protective Order?
Sometimes, one individual makes a false claim of domestic violence against another. There are several reasons for this. For instance, a spouse could make the allegations to have more clout in a child custody case. Or, they could make the claim out of spite.
The courts tend to grant most petitions for protective orders. But that doesn’t mean you have no recourse. Fortunately, there are ways to fight false claims. You can appear in court and fight the order.
To do so, you need to attend the hearing for the order. For a better chance at a good outcome, you should bring a Fort Worth criminal defense attorney. They can help you prepare for the hearing and build a strong case in your favor.
At the hearing, you will need to bring documentation of the order and your response to the order. You also should have documents that support your claims of false allegations. While you are there, it’s crucial to be calm and respectful. Although it’s an emotional issue, you should do your top to keep your emotions in check.
Eventually, a judge will make a decision about the order. If all goes well, they might choose to revoke it.
Work With a Fort Worth Protective Order Attorney
Sometimes, people don’t realize that a protective order isn’t the final word. In many cases, there’s a way to fight an unwarranted order. Doing so can change your life now and in the future. For instance, you may be able to see your child. You also may be able to get a better outcome on a custody case. Either way, fighting the order can benefit you.
Cole Paschall Law knows how devastating being served with a protective order can be. For that reason, we work hard to fight them and any pursuant charges. Our office can review your case and come up with a strategy for representing you in court. If you’ve received an order, contact us as soon as possible.
