If you are going through a divorce or other family law matter, it is important to be aware of the potential for dangerous situations. If you or your children are at risk of violence or stalking, you can get protection from the court.
Protective and restraining orders are legal documents that can order your spouse or ex-spouse to stay away from you and your children and to stop contacting you. They can also order your spouse or ex-spouse to pay child support and alimony.
If you are considering getting a protective order, you should talk to a lawyer at The Law Offices of Richard C. McConathy. We can help you understand your rights and options and can help you file the necessary paperwork.
Here are some additional tips for protecting yourself and your children during a divorce:
If you are in immediate danger, call 911.
A protective order is a court order that helps to protect people from abuse and harassment. It is most commonly used to prevent domestic violence, but it can also be used to protect people from other types of abuse, such as stalking and sexual assault.
A temporary restraining order (TRO) is a type of protective order that can be granted quickly, without a full hearing. TROs are often used to protect people from immediate danger.
In a family law case, a TRO can be used to prevent a person from:
TROs are typically in effect for 14 days, or until a full hearing can be held. At the hearing, the judge will decide whether to grant a permanent protective order.
Here is a more concise version:
Protective orders help to protect people from abuse and harassment. Temporary restraining orders (TROs) are quick, emergency orders that can be used to prevent immediate danger in family law cases. TROs can prohibit people from abusing or harassing their family members, removing children from the state, enrolling children in new schools, withdrawing money from joint accounts, taking out loans, or selling marital property. TROs are typically in effect for 14 days, or until a full hearing can be held.
A protective order is a court order that prevents someone from abusing or harassing another person. It can be issued to protect people from domestic violence, human trafficking, or stalking.
There are three types of protective orders in Texas:
Temporary restraining orders (TROs) are similar to protective orders, but they are used in different situations. TROs can be issued in civil or family cases.
If you are considering filing for a protective order or TRO, you should consult with an attorney to discuss your specific situation.
Emergency Protective Orders (EPOs) are the most common type of protective order in Texas. They can be issued by a magistrate judge without a hearing, but only after an arrest for a family violence offense, trafficking, sexual assault, indecent assault, aggravated sexual assault, or stalking.
EPOs are discretionary except in two cases:
EPOs can be used to prevent further abuse, harassment, and stalking. They can also be used to prohibit the abuser from contacting the protected person or going near their home, workplace, or school.
EPOs are temporary and last for up to 61 days. If the protected person wants a permanent protective order, they must file a petition with the family court.
Important to note:
EPOs are temporary orders issued by a magistrate judge without a hearing after an arrest for family violence, trafficking, sexual assault, indecent assault, aggravated sexual assault, or stalking. EPOs can be used to protect people from further abuse, harassment, and stalking.
EPOs typically last for 31 to 61 days, but can be extended to 91 days if the abuser was arrested for assault with a deadly weapon. Violating an EPO is a crime and can result in jail time and fines.
Important things to know about EPOs:
If you have been served with an EPO, it is important to read it carefully to understand what is prohibited and for how long. You should also contact an attorney to discuss your rights and options.
If you are considering asking a judge to modify or lift an EPO, it is important to know that this can be difficult to do. The magistrate who issued the EPO is unlikely to change it, and you may have to wait several weeks for a hearing. Even if the alleged victim is on your side, there is no guarantee that the judge will agree to modify or lift the EPO.
If you are facing criminal charges for violating an EPO, it is important to contact an experienced criminal defense attorney immediately.
Temporary ex parte protective orders (TEPOs) are court orders that can be issued without a hearing to protect people from family violence abuse or neglect of a child. To grant a TEPO, the judge must find that there is a clear and present danger of harm to the applicant or their family member or child.
TEPOs can be used to order the abuser to do or not do certain things, such as:
TEPOs are typically in effect for up to 20 days but can be extended for an additional 20 days upon request.
If an abuser violates a TEPO, they may be held in contempt of court. This means that they could be fined, jailed, or both.
Important to note:
If you are considering filing for a TEPO, you should contact an attorney to discuss your specific situation.
Permanent Protective Orders, often referred to as Final Protective Orders in Texas, typically have a duration of up to two years, but certain conditions can lead to longer-lasting orders. Here’s a breakdown of the key provisions regarding the duration and potential discontinuation of Final Protective Orders in Texas:
These provisions aim to balance the protection of victims of family violence with the opportunity for individuals who may have reformed or no longer pose a threat to seek the discontinuation of a Final Protective Order after a specified period, subject to court review.
A temporary restraining order (TRO) in Texas can be obtained in two different contexts: civil court and family court.
A civil TRO can be obtained when there is a threat of immediate and irreparable harm if the TRO is not granted. Civil TROs are often used to prevent individuals from contacting one another.
Civil TROs cannot be longer than 14 days unless the other party agrees to a longer period.
Family TROs are filed to protect a spouse, child, or property in the context of a divorce or custody case. Family TROs can be granted without notice to the other party, and they can last for 14 days unless they are extended or withdrawn.
Unlike civil TROs, family TROs do not require a showing of immediate and irreparable harm.
Important things to know about TROs:
TROs can be a powerful tool for protecting people from harm, but it is important to understand the different types of TROs and the requirements for obtaining one.
If you are facing false or exaggerated claims of abuse during a divorce or child custody dispute, you need an experienced family law attorney on your side. Representing yourself in this situation is not wise, as you could lose your child custody or visitation rights.
The Law Offices of Richard C. McConathy can help you defend yourself against false abuse claims. We can present your side of the story in court, cross-examine witnesses, challenge evidence, and present evidence in your favor. If we cannot prevent the issuance of a protective order, we will seek to minimize the restrictions it contains. We can also seek to modify the terms of an order.
In addition to our family law practice, we also have experience in criminal defense. We can defend you if you are accused of assault or criminal contempt of a protective order.
Here are some additional things to keep in mind if you are facing false abuse claims:
Don’t wait to get help. The Law Offices of Richard C. McConathy can help you defend yourself against false abuse claims and protect your rights.
If you need the protection of a protective order or restraining order, or you are dealing with an unjustified order in Fort Worth, Arlington, Grapevine, Keller, Southlake, or other cities in Tarrant County, TX, do not wait to get legal help. The Law Offices of Richard C. McConathy understands the tremendous urgency of these situations and will take all of the appropriate action to protect your rights.
Feel free to call (817) 422-5350 or contact us online so you can schedule a consultation that will let us review your entire case. Our firm has a wide variety of domestic violence case experience that includes injury to a child, interference with 911 calls, and violations of protective orders.