Houston Domestic Violence & Protective Orders Attorney
Domestic Violence Lawyer Consultation In Houston Texas
In many cases involving domestic violence, one or both parties may request that the court issue a protective order (also referred to as a restraining order) that would prevent the other party from engaging in any future contact. Police officers often encourage victims of domestic violence to obtain these protective orders, and they are typically required in any criminal case involving domestic violence.
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A protective order is a formal order authorized by a judge or other bench officer that prohibits one party from having any contact with the protected person. To be valid, the protective order must be authorized by a bench officer and served on the party from whom protection is sought. This means that if a person is not aware that he or she is the subject of a protective order, he or she cannot violate it.
A protective order typically prevents a person from having any contact with the protected party. This would include direct contact as well as indirect contact through third parties (other than an attorney). The target of the protective order would not be allowed to call, email, text message, or contact the protective party through social media.
Several different types of protective orders can be issued. At the time of a domestic violence arrest, the police will ask the victim if he or she wants an emergency protective order that would be issued immediately. If you or a loved one is the subject of a domestic violence protective order, you must discuss your situation with our domestic violence attorney in Houston at Daniel Ogbeide Law as soon as possible.
Immediate Support When You Need It Most
If you or a loved one is facing domestic violence, or has been named in a protective order, you need experienced legal guidance right away. Our Houston domestic violence attorneys represent clients on both sides of protective order matters – those seeking protection and those defending against orders they believe are unwarranted.
Protective Orders vs. Restraining Orders
These terms are often used interchangeably, but they serve different legal purposes in Texas. A protective order is specifically designed to protect a person from family violence, dating violence, sexual assault, or stalking, and can include provisions like prohibiting contact and requiring the other party to leave a shared residence. A restraining order is a broader civil court order, often used in the course of a divorce or custody case to maintain the status quo, and does not carry the same criminal implications as a violation of a protective order.
If You Are in Immediate Danger
If you are in immediate danger, please call 911. For confidential support, the National Domestic Violence Hotline is available 24/7 at 1-800-799-7233. Our attorneys are also ready to help you understand your legal options as soon as it’s safe to do so.
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Frequently Asked Questions
What should I do if I’m accused of domestic violence in Houston?
If you’re accused of domestic violence in Houston, it’s crucial to seek legal representation immediately. A domestic violence lawyer in Houston, Texas, can help protect your rights, explain the legal process, and build a strong defense. It’s essential to avoid contacting the alleged victim directly, as this could violate protective orders. Instead, rely on your attorney to communicate on your behalf and gather evidence to support your case.
What are the consequences of a protective order in Houston?
A protective order issued in a domestic violence case can significantly impact your life. It typically restricts any form of contact with the alleged victim, including through third parties. Violating this order can lead to severe penalties, including jail time. Consulting a domestic violence attorney in Houston is vital to understand the order’s terms and to explore options for modification or dismissal if the order was wrongly issued.
Can a domestic violence charge be dismissed in Houston?
Yes, a domestic violence charge can be dismissed in Houston under certain circumstances. Factors like insufficient evidence, witness recantation, or violations of your rights during the investigation could lead to a dismissal. A domestic violence attorney in Houston will thoroughly examine the details of your case, challenge the prosecution’s evidence, and advocate for dismissal where applicable. Early legal intervention is key to increasing the chances of a favorable outcome in your case.
How do I get a protective order in Texas?
You can file an application for a protective order through the county courts, typically with the help of an attorney, by demonstrating that family violence has occurred and is likely to occur again.
What's the difference between a protective order and a restraining order?
A protective order specifically addresses family violence, dating violence, sexual assault, or stalking and carries criminal penalties for violation, while a restraining order is a broader civil order often used during divorce or custody proceedings.
What happens if a protective order is violated in Texas?
Violating a protective order is a criminal offense in Texas and can result in arrest, fines, and jail time, in addition to any family court consequences.