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Protective Orders Attorney in Houston, Texas

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Find Help With Motions Protective Orders in Texas

  • Texas Protective Orders
  • What is a Texas protective order?
  • Temporary Ex-Parte Order
  • Magistrate’s Emergency Order
  • Final Protective Order
  • Who qualifies for protection in Houston?
  • Should I hire an attorney?
  • What are the potential consequences of Protective Orders in Texas?
  • Important Tip
  • Help from an expert attorney
Texas Protective Orders

Allegations of family violence are all too common in divorces and custody disputes. If violence or the threat of violence is present in your family, the Texas Family Code authorizes three different types of protective orders. All types of protection orders have serious consequences on family law cases.

What is a Texas protective order?

A protective order is a court order protecting a victim of family violence from future violence or threatening contact. A motion for a protective order is filed by a victim or their attorney. These orders are enforceable by civil and criminal contempt, which means that a party can be jailed if he or she violates the order.

Temporary Ex-Parte Order

A temporary ex-parte order is granted without a hearing when there is clear and present danger of family violence, and goes into effect for 20 days. This order is designed to protect a victim until a hearing can be held regarding a final motion from the judge.

Magistrate’s Emergency Order

A magistrate’s emergency order goes into effect when a person is arrested for family violence or related crimes. This type of protective order is in effect for 31 to 61 days. It is also designed to protect victims until a more permanent order can be put into place.

Final Protective Order

A final order is granted after a hearing in which the evidence shows that family violence has occurred in the past and is likely to occur in the future. This order stays in effect for two years.

Who qualifies for protection in Houston?

You qualify for a protection order if you have been a victim of family violence and more violence is likely to occur in the future. Family violence is defined as violence against a member of the household, family, a child in the household or family, or violence against someone in a dating relationship. If you have been a victim of any type of violence, contact an attorney today to see what protection is available to you.

Should I hire an attorney?

If you already have a divorce or custody case pending, you will have to file a motion for a protective order through the family court system, as the district attorney’s office will generally not be able to assist you if you are already represented by counsel. If you have any concerns about your safety or the safety of your children, we recommend hiring an attorney to protect your rights.

Should I hire an attorney if my spouse has filed for a protective order in Texas against me?

If you are accused of family violence, it is critical that you hire an attorney to defend your interests. You can fight a motion for a protective order, but hiring an ineffective attorney, or attempting to resolve the issue yourself, could result in an order granted against you. The consequences of an order could limit access to your children and other long-term effects.

Even if family violence occurred, a protective order should not be automatically be granted against you, as it is not needed if you were acting in self-defense during an argument or if family violence is unlikely to reoccur. Divorce and custody fights are extremely stressful times. If an incident has occurred in your family, make sure you speak to an experienced attorney to protect your rights.

What are the potential consequences of Protective Orders in Texas?

If an order is issued against you, the consequences are serious and may include:

  • You may have to pay all court costs and attorney’s fees incurred by the other party.
  • You may have to pay spousal maintenance in the future.
  • You may be denied access to your children or limited to restricted/supervised access.
  • You may no longer be considered for joint managing conservatorship of your children.
  • Any previous orders regarding your children can be changed to restrict your access.
  • Exemption for the other party for mediation for other family law cases.
  • Potential deportation if you are not a citizen of the United States.
  • You could face criminal charges.
**Important Tip**

Never agree to a protective order. Signing an agreement will not make your problems go away. Accepting a motion for protective order filed by an opposing party will make your other family law issues significantly worse.

Help from an expert attorney

Texas protective orders should never be taken lightly. Be sure to hire a capable and experienced attorney if there is violence in your family, or you have been accused of violence. The expert attorneys at Ramos Law Group, PLLC, can help you navigate difficult cases involving violence or violence accusations and reach the best possible outcome for your case. Contact Ramos Law Group today to schedule your consultation.

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Our Client Testimonials

Superb Law Firm

The decision to end my 25-year marriage was not an easy one, but hiring the Ramos Law Group was. From the initial consultation to the execution of the Divorce Decree everyone at the firm displayed the utmost professionalism and I was treated as if I was their only client. My attorney Lindsey, always provided precise legal guidance, was usually one step ahead of the opposing counsel, and had a superb understanding of how things would play out in the court room. Additionally, whenever my case needed a little extra horsepower, Mary provided that "surge" to keep things on track.

Worth Every Penny

"Ms. Ramos and her entire staff worked with professionalism and compassion to guide me through the most difficult time of my life and to an outcome that was best for my family and myself. Ramos Law is incredible and I highly, highly recommend their services."

Custody case won

"I was recommended to see Mary Ramos for my on coming custody case,it was the best thing I could've done honestly.The Ramos law group was quick with emailed responses and telephone calls,informative with ANY questions I had and they also took action with what they thought would work,which it did,I had money troubles and they were still willing to help they sent me with a younger lawyer Lindsey Lewis to help save some money and she was the best!She knew what she was doing and Mary was still on my case to make sure things went smoothly and to catch any details Lindsey and I might have missed.All in all I am a very satisfied client and if I ever needed a family lawyer again I would come back.My case was won as I received primary for my daughter which is exactly what I asked for.If you're willing to listen to what they have to say and follow their guidance they're definitely worth hiring.I thought I wanted sole custody for my daughter and they explained that wasn't in the best interest for her and honestly they were right,they speak to you on a professional level and also a real level of how things are actually going to work and what could happen if you take a certain action.They definitely care about their clients and make their own bond with you,you're not just money in their pockets you turn into family. "

Divorce Attorney

"I received excellent advice and representation from Ms. Lindsey Lewis. She kept me updated at every step of the process, and I never felt as if my case was set aside. I would hire The Ramos Law Group in the future. "

Highly recommend

"I started my divorce with a lawyer who was not very responsive. My divorce case was complicated and needed more laborious scrutiny. Since the case was not moving forward I had to switch lawyers. Made the switch to Ramos Law group. Since the very first day Mary and her team have been very efficient and meticulous. Since the case was complicated the team had to go through myriads of pages in discovery. I was pleased with the legal team that helped us handle the paperwork in a very timely manner. All my questions were answered very promptly. The relay of information was easy with their software system. We finally had a law firm that we could trust. My divorce was finalized and I only have Mary and her team to thank for going through a difficult divorce. I would highly recommend the Ramos law group for their help and support for getting my life back on track. "

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