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It’s horrific to realize that your safety is compromised because of someone who you have a dating relationship with as those people are whom you expect love, not violence. You may be relieved to know that Texas law provides you with options if you’ve experienced domestic violence. Various forms of legal relief are available, including an emergency court order to protect you and your family. The downside to statutes regarding protective orders is that someone can obtain one against you within a short time frame and limited opportunity to defend yourself, affecting your rights to due process and others.

Regardless of what side you occupy in a domestic violence matter, retaining experienced legal counsel is critical. Your safety is a high priority, so you’ll need assistance in the court process. If you’ve been falsely accused or based on a misunderstanding, you need help fighting the allegations. Our team at The Ramos Law Group, PLLC is prepared to advocate on your behalf so please contact a protective order lawyer in The Woodlands today to discuss your options. Some information about the laws may also be useful.

 

Overview of Texas Protective Order Laws

Texas treats domestic violence matters very seriously, so the relevant statutes allow a person to obtain an order which protects the victim from harm or threats of physical violence. The process begins when a person, the movant, files documentation requesting that the court enter a protective order against another individual, the respondent. The language of the order prohibits the respondent from certain actions or conduct, described below.

There are three different types of protective orders available in Texas, each of which applies to a different scenario: 

  1. Temporary Ex Parte Order: In an emergency situation when there’s a clear, credible threat of violence to the individual or family members, he or she can get a temporary protective order. The term “ex parte” refers to the fact that the movant can request the order, and a court can grant it, without notice to the respondent. Because of the impact on the respondent’s right to be heard in court, the temporary order can only last 20 days.
  2. Magistrate’s Emergency Order: When a person has been arrested for a crime that amounts to domestic violence, this order will go into effect to protect the victim. A magistrate’s emergency order can be in effect for 31-61 days.
  3. Final Protective Order: Both types of orders above are temporary to protect the victim until a full hearing can be held. In the interest of due process, the respondent is entitled to have the opportunity to present his or her own facts, evidence, and defense. If the movant can show that domestic violence has occurred and is likely to continue, the court will enter a final protective order enjoining the respondent from engaging in prohibited conduct. This order can extend up to two years.

The attorneys at The Ramos Law Group, PLLC are committed to providing quality representation in cases involving all types of protective orders. The legal process for a victim of domestic violence can be complicated, especially when you’re stressed and living in fear of violence. As a respondent, you might be confused about not getting a chance to defend yourself in court. We can guide you through the proceedings and advise you at each step along the way.

Conduct That a Protective Order Covers

Every case is different, so there’s a wide range of acts that a person could be prohibited from in a protective order. A movant may request that the order of protection cover any more of the following: 

  • Prohibiting the respondent from contacting the movant;
  • Excluding the respondent from the movant’s residence, place of employment, school, or other locations – which could mean the respondent has to relocate;
  • Banning the respondent from interactions with children or giving sole custody to the movant;
  • Requiring the respondent to seek counseling for substance abuse or anger issues;
  • Prohibiting the respondent from possessing a firearm.

It’s a crime to violate the terms of a protective order in Texas, so a respondent could be sentenced to jail time up to one year and a maximum fine of $4,000. Note that if the violation of the protective order involves the commission of a separate offense, the respondent could face multiple charges.

 

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Get Legal Help from a Protective Orders Attorney in The Woodlands

As you can see, Texas laws on restraining orders in domestic violence cases are complicated, so it’s important to have experienced counsel to assist. For more information on the legal process involved with obtaining a protective order, please contact The Ramos Law Group, PLLC. Our lawyers are ready to represent you in court in connection with the proceedings. We can assist in the event of an emergency, and we can advise you throughout the process.

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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