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If you face a restraining order in Austin, you need clear answers and fast action. At LaVine Law Firm, our Austin restraining order lawyer team helps clients on both sides of these cases. We assist people seeking legal protection from domestic violence, family violence, child abuse, or sexual assault. We also defend individuals who believe they face an unjust restraining order. Call us now at 713-489-7734 for a free consultation.
We understand the fear and confusion that come with restraining order situations. Whether you need immediate protection from an abuser or you must fight a court-issued document, our law office provides legal support. The legal process moves quickly in Travis County. Do not face it alone.
At LaVine Law Firm, we guide clients through every step of the legal process for restraining orders in Austin, Texas. First, we conduct an initial case assessment to understand your facts, goals, and timeline. Next, we assist with filing petitions or responding to orders served on you in Austin. We focus on gathering evidence, including documents, communications, witness statements, and police reports.
Our legal representation includes appearing at temporary and final protective order hearings. We develop a strategy tailored to your situation, whether you seek to obtain, contest, or modify the order. We offer a free consultation to get started. As your Austin restraining order attorney, we handle matters in Travis County courts with experience and compassion.
Key steps we take:
A restraining order is a court-issued document that prohibits one person from contacting or coming near another person or family members. Under Texas law, these orders are governed by the Texas Family Code and the Texas Code of Criminal Procedure. They serve as a legal tool to protect individuals from physical violence, threats, abuse, or further harm.
There are three main types of orders in Texas: Emergency Protective Order (EPO), Temporary Restraining Order (TRO), and Final Protective Order. Each type serves a different purpose and lasts for a different duration. Understanding which one applies to your situation is critical for your legal options.
Under Texas law, protective orders come in several forms. An Emergency Protective Order (EPO) is issued by a magistrate's order at the scene of a domestic violence arrest. It provides short-term protection and lasts 31-91 days. According to the Texas Council on Family Violence, Texas courts issued over 20,000 protective orders in a recent year.
A Temporary Restraining Order (TRO) is filed without the other party present (ex parte) and lasts until a full hearing, usually within 14 days. A Permanent Protective Order (also called a Final Protective Order) is issued after a court hearing where both sides present evidence. This order can last up to two years or longer if the court finds a continuing threat of future violence.
Types of orders:
The legal process for obtaining a restraining order in Austin, Texas, involves several steps. First, the petitioner files a petition with a supporting affidavit at the Travis County District Clerk's office. A judge then reviews the application ex parte and may issue a temporary restraining order without notifying the respondent. Next, local law enforcement serves the respondent with the court orders and a notice of the hearing date.
Both parties appear at the full hearing where they present evidence, call witnesses, and testify. The judge then decides whether to issue a final protective order or deny the petition. Having an Austin restraining order attorney at each stage improves your chances of success.
Step-by-step process:
Violating a protective order in Austin carries serious criminal penalties:
Texas Penal Code Section 25.07 specifically governs violations of protective orders. Criminal charges for violation are taken very seriously by Austin courts. A skilled lawyer can raise reasonable doubt about whether a violation actually occurred or whether emergency protection was properly granted.
Domestic violence and family violence classifications elevate the penalties under Texas law. A domestic violence conviction for violating a protective order can affect your right to possess firearms under federal law. It can also harm your immigration status and impact child custody or parental rights. First-time violators may sometimes receive deferred adjudication, but repeat violations within 12 months trigger felony prosecution.
LaVine Law Firm provides legal representation for respondents facing violation charges. We examine the evidence, challenge the alleged violation, and work to protect your legal rights. Do not ignore a violation accusation.
A protective order brings serious consequences beyond jail time:
This is also a critical family law matter. In a divorce case, the order serves as evidence of domestic violence when dividing property or determining spousal support. Family courts treat an active protective order as a serious safety concern, which can trigger supervised visitation or temporarily suspend parental rights. Your divorce and custody battles will be directly affected.
LaVine Law Firm handles both the restraining order and related family law issues. We help you navigate the custody implications and protect your relationship with your children. Do not let a protective order derail your divorce or custody case.
Yes, you can defend yourself against a restraining order in Austin. False allegations do occur, and the legal system gives you the opportunity to contest them. The key window is the hearing between the TRO issuance and the final order decision. Retaining LaVine Law Firm early preserves more defense options for your personal safety and well-being.
Common defense categories include:
Gathering evidence is the foundation of any defense:
Requesting a hearing and presenting your case:
LaVine Law Firm prepares clients thoroughly for every stage of the hearing. We help you present your side clearly and effectively. Do not wait to schedule your free consultation.
| Feature | Emergency Protective Order (EPO) | Temporary Restraining Order (TRO) |
| How It Is Issued | Issued by a magistrate's order at the scene of a domestic violence arrest. | Filed by a petitioner through the courts; requires a sworn affidavit. |
| When It Takes Effect | Takes effect immediately upon issuance. | Takes effect after the judge signs the order and the respondent is served. |
| Duration | Lasts between 31 and 91 days. | Lasts until the full hearing, typically 14 days. |
| Can It Become Final? | Yes, it can be extended into a Final Protective Order after a court hearing. | Yes, it can be extended into a Final Protective Order after a court hearing. |
| Who Requests It | Requested by law enforcement or the victim at the time of arrest. | Requested by a victim (petitioner) through a civil filing in the Travis County District Court. |
| Notice to Respondent | Respondent may not receive prior notice; the order is issued ex parte. | Respondent typically receives notice and a hearing date within days. |
An EPO lasts 31–91 days. A TRO lasts up to 14 days. A Final Protective Order can last up to two years or longer if the court finds a continuing threat.
Yes. Either party can petition the court to modify or dissolve the order. You must show changed circumstances or have a mutual agreement.
Legal representation is not required but is strongly recommended. A lawyer strengthens your petition and improves your success at the hearing.
The restrained party must still comply. Contact initiated by the protected person does not legally excuse a violation.
Yes. Courts treat it as evidence of family violence and may restrict visitation or modify conservatorship accordingly.
Yes. We offer a free consultation to review your situation and outline your legal options as quickly as possible.
Restraining order situations demand prompt legal action. Whether you need protection from abuse or you must fight an unjust order, LaVine Law Firm can help. We serve Austin, Texas, and Travis County with compassionate and skilled legal representation.
We offer a free consultation to explore your options. We handle both sides: those seeking legal protection and those defending against false allegations. Call us today at 713-489-7734 to schedule your appointment. Take the first step toward safety and justice.
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