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Jourdanton family violence attorney

Domestic abuse is prevalent throughout the United States⁠—and Texas is no exception. According to the National Domestic Violence Hotline, one in four women and one in seven men have been victims of severe physical violence by an intimate partner in their lifetimes. With numbers this high, it is no wonder why orders of protection are taken seriously. These legal orders, commonly known as restraining orders, can be requested by a person who believes they or their family members are in danger of harm by a family or household member. Although restraining orders are typically not valid for indefinite amounts of time, they can be extended if the court deems it necessary. Legal protection should be put in place for those who need it, but in some cases, these protective orders may be based on false allegations of abuse. If you find yourself facing an unjust order of protection, you do have legal options, and an experienced criminal defense attorney can help.

Types of Protective Orders

There are three types of orders of protection available in Texas, each with its own length of duration. In many cases, the individual filing for the order will get a temporary order initially and work to extend that order in the meantime. The differences between each of the protective orders are described below:

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Karnes County criminal defense attorney protective order violation

Texas law enforcement offers individuals who have been the victims of domestic violence the option of filing for an order of protection. More commonly known as a restraining order, an order of protection is set in place for those who have experienced family violence or violent threats. These legal orders are only validated for certain reasons to avoid having protective measures taken against innocent Texans. The state allows an individual to obtain an order of protection if someone has hurt them or threatened to hurt them; they are afraid that the designated person will hurt them again; and either the individual, his or her partner, or his or her spouse has a close relationship with this person. This “relationship” can include marriage, dating, relatives, cohabitation, or having children together. If an order of protection is filed against someone, he or she will be notified of the terms to avoid violating the legal order and thus committing a crime.

What Constitutes a Violation of an Order of Protection?

There are multiple ways a person can be accused of violating a restraining order. These are known as “elements of the offense.” In order to be found guilty of this type of violation, the prosecution must prove that a defendant was under the restrictions of an order of protection and was aware of the order. A violation of a protective order means that a person knowingly and intentionally performed at least one of the following prohibited acts: 

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Posted on in Criminal Defense

Wilson County family violence lawyer

Protective orders are often misunderstood and are often shrugged off as unimportant. It might be thought that because it is not a criminal charge, it is no big deal.  Wrong!  A protective order can be a huge deal.  It is a powerful tool that prosecutors and private attorneys can wield to restrict a person's constitutional rights.  A full understanding of what a protective order is, and how to respond when faced with the possibility of having one against you, is extremely important.  

What is a Protective Order?

In its most simple form, it is an order given down from a Judge restricting the access and rights of a person who was found to have committed family violence.  A person is entitled to the protection of one if the court finds that family violence has occurred and is likely to occur in the future.  Most protective orders last 2 years.  In more serious cases involving serious bodily injury or felony assaults, the order can last much longer.    

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