San Antonio Protective Order Defense Attorneys
Protecting You & Your Rights
Knowing that you have a protective order filed against you can be daunting. You may wonder what steps you can take to contest the order or how it will impact your personal and professional life.
Our San Antonio protective order defense lawyers will help ensure you receive the legal counsel you need to move forward in the best possible way with your case.
Types of Protective Orders in Texas
To understand how your case will proceed, it's important to know the different types of protective orders in Texas:
- Temporary ex parte protective orders. If a judge believes a party is in danger of domestic violence, they can issue a temporary ex parte protective order without the other party in attendance. The other party will then be notified that a protective order has been filed against them, and be given a court date for a hearing to determine whether a permanent protective order is necessary - usually within two weeks of issuing the temporary order.
- Magistrate's protective order. When an alleged abuser is arrested for committing acts such as stalking, sexual assault, or family violence, the judge can issue a magistrate's protective order. This typically protects the alleged survivor/victim for between 31 and 91 days, and does not require the court to give advance notice to the alleged abuser before issuing the order.
- Final protective order. After issuing a temporary order, the court will hold a hearing. Both parties can attend and present evidence supporting or arguing against the need for a protective order. If the court determines the alleged abuser is likely to harm the alleged survivor/victim, it may issue a more permanent protective order. These orders often last up to two years.
Can I Contest a Protective Order in Texas?
If you believe a protective order was wrongly filed against you or that the allegations surrounding a protective order against you are false, you can indeed attempt to contest the protective order.
If another person obtained a temporary protective order against you, you will be notified of the protective order, as well as given a date for a courtroom hearing.
At that hearing, the court has the opportunity to assess statements from both parties involved in the order and determine whether a more permanent protective order is necessary.
The hearing is your first opportunity to contest the necessity of the protective order. If you are notified that another party has filed for a temporary protective order against you, you should work with a San Antonio protective order defense lawyer to put together a case strategy that will help you contest the protective order in court.
You may also be able to argue that a currently existing protective order should be dissolved by filing a motion for its dissolution in court. You can also file a motion to modify the terms of a protective order if you believe they are too harsh.
How Could a Protective Order Impact My Life?
A protective order can order an alleged abuser to:
- Leave a shared residence they inhabit with the alleged survivor/victim;
- Maintain a certain distance from the alleged survivor/victim at all times;
- Discontinue contact of any kind with the alleged survivor/victim;
- Discontinue any further acts of violence against the alleged survivor/victim;
- Discontinue contact with the alleged survivor/victim's family or household members;
- Revoke custody of a child the alleged abuser shares with the alleged survivor/victim;
- And more, depending on the circumstances of the case and what the judge presiding over the case thinks is necessary.
Our San Antonio protective order defense attorneys can help ensure that you receive the appropriate legal counsel for your case, helping you find the best path forward.