Cofer Luster Criminal Defense Lawyers | August 20, 2024 | Criminal Law
A restraining order is different from a protective order. Protective orders are used to protect victims in a domestic or family violence criminal case. However, restraining orders dictate what a person is legally allowed to do or not to do. Restraining orders often arise in civil cases. Even though a restraining order is a civil court order, it can severely restrict a person’s freedom and conduct.
How Does Someone Obtain a Restraining Order in Texas?
Unfortunately, an alleged victim can obtain a restraining order in Texas with very little proof. The process of obtaining a restraining order includes:
- Go to the courthouse or the district attorney’s office in the county where you live
- Complete an application for a restraining order
- Tell the court if you are in imminent danger
- A judge reviews your application for a restraining order
- Attend a hearing for the restraining order
There are three restraining orders the court can grant. The type of restraining order depends on the circumstances involved in the case. You could face any one of these restraining orders:
Temporary Restraining Order
If someone files an affidavit stating they are in imminent danger, they can obtain a temporary restraining order (TRO). A temporary ex parte order is granted without a hearing or notifying the accused. Temporary restraining orders can last up to 20 days but may be renewed upon request.
The judge decides whether to grant the TRO based on the information presented in the accuser’s application. The accuser must include information that convinces the judge they are in immediate danger of abuse, assault, or physical harm.
Permanent Protective Orders
Permanent protective orders are issued after a hearing. The accused is served with a Notice of Hearing. Both parties appear at the hearing to provide evidence and testimony supporting their position.
A protective order can remain in effect for up to two years. However, the abuser can petition the court to remove the protective order after one year.
Magistrate’s Emergency Protective Orders
A magistrate’s emergency protective order (MEPO) is issued after a person is arrested for family or domestic violence. The order instructs the abuser to stay away from the victim. A criminal case is required to obtain a MEPO.
What Evidence Is Required as Proof for a Restraining Order in Texas?
The petition must prove there is cause for issuing a restraining order. The grounds for a protective order include, but are not limited to:
- Sexual assault or abuse
- Physical harm or injury
- Damaging or destroying the petitioner’s property
- Stalking and/or harassing behavior
- Insults, verbal threats, and other forms of mental abuse
- Financial abuse, such as keeping the petition from accessing their finances
Evidence the court may consider when deciding whether to grant a protective order includes photos of injuries, eyewitness testimony, police reports, medical records, video/audio of the abusive behavior, and written communication from the accused.
The petitioner has a lower standard of proof than what the prosecution has in a criminal case. They only need to prove there is a better than 50% chance the accused committed the abusive behavior for the court to grant a protective order.
How Can I Fight an Unlawful Restraining Order in Fort Worth, TX?
A person may seek a restraining order for unlawful purposes. A parent may petition for a restraining order to gain an advantage in a child custody case. A person might seek a restraining order because they are angry with the alleged abuser.
If you receive a restraining order, do not ignore the order. Contact a criminal defense lawyer immediately. You can fight a restraining order issued unlawfully or based on false accusations.
A lawyer can help you fight the restraining order. Your attorney represents you at the hearing for a permanent restraining order to present evidence refuting the accuser’s testimony and proof of abuse. You can present eyewitness testimony, documents, and records contradicting the accuser’s allegations against you.
It is common for restraining orders to be issued without the alleged abuser being aware of the order until they are served with a copy of the order. If a restraining order is in place, your attorney can file a motion to terminate a restraining order based on several grounds.
Contact The Fort Worth Criminal Law firm of Cofer Luster Criminal Defense Lawyers for Legal Help Today
For more information, please contact the criminal law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:
We serve Tarrant County and Fort Worth, TX surrounding areas.
Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101, Fort Worth, TX 76102