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Austin Restraining Order Attorney

There are several different types of restraining orders and protective orders available under Texas law. There are also numerous reasons why a person may need a restraining order against another – in many cases, victims of domestic violence file restraining orders to protect themselves or children from the threat of personal injury. However, it’s also important to understand that there are several types of orders that serve several different purposes under Texas law. Understanding these orders and when they apply can better help you understand your legal options.

If you have questions or need representation regarding protective orders and restraining orders in Texas, contacting Austin restraining order attorney Abraham Kant is the first step to ensuring your safety. Call Abraham Kant Esquire today to schedule your free initial consultation or contact us online.

Texas Protective Orders

People often use the term” protective order” and “restraining order” interchangeably, but they’re actually different in Texas. A court may issue a protective order when individuals in a household are vulnerable to violence or the threat of violence. The following may request a protective order:

  • Blood relatives
  • Members living in the same household
  • Any related or non-related children in the household

In order to receive a personal protective order, the individual filing it must show proof that violence against them occurred or the threat of violence is imminent. Filing these orders often requires the experienced hand of a family law attorney.

Protective orders serve the purpose for which they are named – they protect the victim and the members of their household from continued acts of violence and bar the abuser access to the victim. Protective orders make it illegal for an offender to have any type of contact with the victim and any other members of the family, depending on the stipulations of the order itself. Protective orders are enforceable by local law enforcement, which means that anyone who violates these orders could face arrest or other punishment.

These orders help prevent continued acts of violence against a victim by restricting the offender’s access to that person. Protective orders make it illegal for the offender to approach a victim or have any type of contact with that person as stipulated by the order. Protective orders are enforceable by law enforcement officials; a person who disregards a protective order can be arrested and possibly face punishment, depending on the circumstances.

Types of Protective Orders

Under Texas Law, there are three main types of protective orders:

  • A temporary ex-parte protective order provides the victim with immediate protection from further acts of violence. The victim does not have to meet their abuser in court as long as the judge believes that the abuser presents a danger to the victim. These orders are short in duration (20-40 days) and an abuser cannot be arrested for violating them.
  • The Magistrate’s Order for Emergency Protection is usually ordered following an abuser’s arrests for domestic violence. These are also temporary orders and last 31-60 days (up to 91 days if a deadly weapon was involved).
  • A permanent protective order provides more long-lasting protection – as long as the order stipulates, but usually up to two years. There are circumstances that may lead to a longer period, however.

Texas Restraining Orders

In Texas, restraining orders are the name given to legal actions that protect a spouse from any damaging, yet non-violent action. Examples of restraining orders may include court orders to prohibit withdrawing money from bank accounts, incurring new debt on joint credit cards, or even speaking negatively about spouses in front of dependent children. Restraining orders most often arise during a contentious divorce process.

These orders are common in Texas divorce proceedings and are simple to obtain with the assistance of an Austin family attorney. The attorney who represents you in a divorce case might recommend a restraining order to protect you from spiteful acts of a bitter or vengeful spouse.

Your spouse will not necessarily face arrest or worse if they violate the terms of a restraining order. However, breaking the terms of a restraining order will almost certainly have serious and negative consequences for the person who breaks these orders. The courts look at a variety of factors when deciding on aspects of your divorce – and one is how well you comply with the court’s demands. If your spouse was uncooperative or violated the terms of a restraining order, the courts may be more inclined to make decisions in your favor.

Your Protective and Restraining Order Attorney

Protective orders and restraining orders may often be confused with one another, but they serve vastly different purposes in Texas. An experienced, educated, Austin family law lawyer can assist you with these differences, and give you guidance on your options. If you need protection from violent or non-violent acts of your spouse or another family member, we will gladly assist you. Schedule a meeting with our family law attorney Abraham Kant Esquire for more information about our services in Austin, Texas. We’re here to make your divorce or other family law matter as simple as possible.