No one wants to be involved in a restraining order in Fort Worth, TX. But unfortunately, many people find themselves in this difficult situation. Potential defendants can face serious consequences if the order is violated, making it essential to work with an experienced criminal defense lawyer in these situations. If you’re facing a restraining order in Fort Worth, Texas, let our team assist you.
Contact Cofer Luster Criminal Defense Lawyers at (682) 777-3336 to schedule a free consultation with a Fort Worth restraining order lawyer.
How Cofer Luster Criminal Defense Lawyers Can Help If You’re Arrested
Handling a restraining order in Fort Worth, TX, isn’t something that should be handled alone. It’s essential to work with a legal professional who can help you navigate this situation. Here’s how our legal team can help you:
- We will help you fight back against temporary and more permanent restraining orders, arguing why it’s not appropriate for one to be issued.
- If a restraining order is issued, we will ensure that you know its conditions so you don’t inadvertently violate these rules.
- If you find yourself in an unfortunate situation where you’re charged with violating the restraining order or you’re facing domestic violence or assault charges, we will help you fight these charges every step of the way.
- Our lawyers can negotiate a plea deal to mitigate the charges and penalties you’re facing. If this isn’t achievable, we will take your case to trial and fight for you before the judge and jury.
Let us help you with any type of domestic violence matter in Fort Worth, Texas. Contact our firm to schedule a free consultation with our Fort Worth criminal defense lawyer.
Overview of Restraining Orders in Texas
As a defendant in Texas, it’s crucial to understand the details of restraining orders, often referred to as protective orders in criminal law. A protective order is intended to prevent acts of abuse or harassment by legally instructing someone not to commit certain acts against another person. The types of protective orders include:
Temporary Ex-Parte Protective Order
You might find yourself subject to a temporary ex-parte order if another party claims they have been abused by you and worries about future abuse. To uphold such an order, they must demonstrate that:
- They encountered abuse at your hands
- There is an ongoing risk of further abuse
These typically last up to 20 days and can be issued without your presence—you do not have the right to defend yourself at this point.
Final or Permanent Protective Order
If the petitioner deems the initial temporary protective order insufficient, they can request a final protective measure from the court. This kind of order may potentially remain active for up to two years. It’s not automatically granted–in these situations, you have an opportunity to present your case.
You have a right to attend this hearing, and you and your lawyer will have the opportunity to contest the allegations made against you.
Magistrate’s Order of Emergency Protection
As a defendant, you may face an emergency protective order if you’ve been arrested for offenses such as stalking, indecent assault, sexual abuse or assault, or trafficking. Unlike other protective orders that come from civil court proceedings, this type originates directly from criminal courts without the need for a petition to be submitted against you.
The duration of the order hinges on the gravity of alleged harm: 31 to 61 days if serious bodily injury is claimed; longer terms, such as 61 to 91 days, can apply if there are accusations involving deadly weapons.
Conditions of a Protective Order
No matter what kind of protective order you’re dealing with, it’s important to work with a criminal defense lawyer to ensure you protect your rights.
If you are the subject of a protective order in Texas, here’s what typical conditions might encompass for someone in your position:
- Stop Harm and Threats: You’re prohibited from hurting, threatening, or harassing the petitioner and/or their children–directly or indirectly.
- Distance Requirements: Maintain distance from the alleged victim’s home, workplace, and any schools or daycare centers that their children attend.
- Firearms Restriction: Even if you are licensed, you must not possess a gun while the protective order is in place.
- Tracking Prohibited: You cannot track or monitor the petitioner’s whereabouts, personal property, or vehicle, either yourself or through someone else.
The above is not an exhaustive list of conditions but provides an overview of what you can expect if a protective order is granted against you.
What Are the Penalties For Violating Restraining Orders in Fort Worth, Texas?
If you find yourself subject to a protective order, it’s absolutely vital to strictly adhere to all the terms and conditions laid out within that order. Any violation, no matter how seemingly minor, can trigger serious legal consequences that will only exacerbate your current situation.
In most cases, violating a protective order leads to being charged with a Class A misdemeanor. This serious offense can result in up to a year of jail time, a fine of up to $4,000, or potentially both. It’s important to understand that if this isn’t your first violation, the penalties can escalate significantly, with harsher punishments and increased fines.
Therefore, it’s in your best interest to take the terms of the protective order extremely seriously and avoid any actions that might put you in violation.
Felony Charges for Repeat Offenders
In instances where the violation is more severe, the consequences can escalate to that of a third-degree felony. This occurs under specific conditions, including:
- The individual has two or more prior convictions for violating protective orders or has engaged in repeated violations.
- The individual has committed an assault or another stalking-related offense while violating the protective order or a bond condition.
A third-degree felony in Texas carries serious penalties, including a potential prison sentence of two to 10 years and fines of up to $10,000.
Understanding these potential penalties is crucial for anyone impacted by protective orders.
What Defenses Can Be Raised If I’m Arrested for Violating a Restraining Order?
When facing an arrest for violating a restraining order, understanding the possible defenses that can be raised is crucial. While the specifics of each case will vary, there are several legal arguments that can potentially lessen the consequences or even lead to the dismissal of charges altogether. Consulting with an experienced criminal defense attorney is vital in determining the most appropriate defense strategy for your unique circumstances. Below are several common defenses that individuals may consider:
Lack of Knowledge of the Order
One potential defense is demonstrating that the defendant was not aware of the existence of the restraining order. This may apply when the order was not properly served or communicated.
No Intent to Violate
Another defense may involve proving that there was no intent to violate the order. If the individual can show that their actions were unintentional or a misunderstanding of the court’s directives, it might be possible to contest the charges.
Exemption or Modification of the Order
Defendants may also claim they were operating under an exemption or modification to the restraining order. In such cases, evidence should be provided to establish that the defendant was acting within the boundaries set by the court.
Insufficient Evidence
Finally, challenging the prosecution’s evidence can serve as an effective defense. If the prosecution cannot present compelling proof that a violation occurred, it will weaken their case considerably and should lead to an acquittal.
The exact defense used will depend on the specific circumstances and what your defense attorney believes gives you the best chance of beating the charges against you.
If you’re dealing with a protective or restraining order in Fort Worth, working with a criminal defense lawyer is the best way to protect your rights and ensure you have a fair shot at fighting back against this order. Let us help you. Contact Cofer Luster Criminal Defense Lawyers to schedule a free consultation with a Fort Worth restraining order lawyer.
