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Being served with a restraining order or protective order can immediately affect where you live, who you can contact, whether you can possess a firearm, and how you interact with your children or family. Ignoring the order can make the situation much worse and may even lead to criminal charges.
A Harris County restraining order lawyer can review the allegations against you, explain exactly what the court order prohibits, prepare you for the hearing, and challenge claims that are unsupported or misleading.
At LaVine Law Firm, we represent people facing serious legal accusations throughout Harris County and Houston. If you have been served with a protective order or accused of violating one, call 713-965-7305 to discuss what you should do next.
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Protective-order proceedings can move quickly. You may have little time between being served and appearing before a judge.
LaVine Law Firm can help you understand what is at stake and build a response based on the actual evidence rather than simply accepting the allegations made against you.
Depending on your situation, our legal team may:
A protective order can have consequences beyond the hearing itself. Getting legal advice early can help you avoid mistakes while your case is pending.
Not always. People often use the terms restraining order and protective order interchangeably, but Texas law treats them differently.
A temporary restraining order, or TRO, commonly appears in family-law litigation and can temporarily control conduct involving property, children, or other issues while a case is pending.
A protective order is specifically designed to protect someone from conduct such as family violence. Other protective-order procedures may apply in cases involving stalking, sexual assault, trafficking, and certain other alleged conduct.
If you have been served with paperwork, do not rely on what someone informally calls the order. Read the actual court documents and have a lawyer determine exactly what type of order you are facing.
A judge may issue a temporary ex parte protective order before you have had an opportunity to appear in court if the required legal standard is met.
That temporary order is meant to remain in place until the court can hold a hearing. Texas temporary ex parte protective orders generally last no more than 20 days at a time, although they can be extended under certain circumstances.
The documents should tell you what has been alleged, what restrictions currently apply, and when you need to appear in court. Do not contact the applicant simply to “work things out” if the order prohibits communication.
At the hearing, each side can present evidence and testimony. The judge will then decide whether the requirements for a final protective order have been established. You should treat this hearing seriously. What happens can affect your rights long after you leave the courtroom.
The exact restrictions depend on the case and the judge's order.
A protective order may restrict a person from:
Protective-order proceedings may also affect issues involving children, possession of a residence, and other family matters.
Never assume a restriction applies (or does not apply) based on another person's case. Follow the language of your own order.
Many final family-violence protective orders last up to two years. However, Texas law permits orders lasting longer in certain circumstances, and some types of protective orders can potentially remain effective much longer.
That makes it especially important to contest allegations when you have a legitimate basis to do so. A final order is not simply an inconvenience for a few days. Depending on its terms, it may substantially affect your daily life.
Yes. Being accused of family violence or other misconduct does not mean the allegations are automatically proven. A respondent generally has the opportunity to appear at the contested hearing, present evidence, question witnesses, and challenge the applicant's account.
Depending on the circumstances, useful evidence may include:
The strength of a defense depends on the facts. There is no single strategy that works in every protective-order case.
A screenshot, message, argument, or accusation may look very different when the surrounding events are examined. Your attorney can review the complete timeline rather than allowing isolated statements to define the case.
Violating certain protective orders can result in a separate criminal case under Texas Penal Code § 25.07.
A violation may involve prohibited communication, going to a restricted location, possessing a firearm when prohibited, or engaging in other conduct barred by the order.
A violation under Section 25.07 is generally a Class A misdemeanor, but it can become a third-degree felony under circumstances specified by Texas law, including certain prior convictions or a violation involving assault.
Repeated violations can also expose a defendant to additional criminal liability. This is why you should follow the order even if you believe it was unfairly entered.
Do not assume their contact gives you permission to respond. Texas protective orders warn that a protected person cannot simply authorize someone to ignore restrictions imposed by the court.
For example, if an order prohibits you from contacting someone and that person sends you a text message, responding may still create serious problems.
Save the communication and speak with your lawyer about what to do.
Your actions immediately after service can affect both the protective-order proceeding and any related criminal case.
Find out exactly what you are prohibited from doing. Do not make assumptions about contact, locations, firearms, children, or property.
Trying to convince someone to withdraw the allegations can expose you to additional claims or potentially violate the order.
Do not delete messages, photographs, recordings, or social media conversations simply because they appear embarrassing or unhelpful.
Your attorney needs to see the complete record.
Protective-order proceedings can continue even when a respondent fails to participate. Appearing with counsel gives you the opportunity to present your side of the case.
The earlier your lawyer reviews the documents and evidence, the more time there is to prepare for the hearing and identify potential issues.
Yes.
Protective-order allegations sometimes arise alongside investigations or charges involving domestic assault, stalking, harassment, terroristic threats, or other criminal accusations.
Statements you make in one proceeding may create complications elsewhere.
If there is already a criminal investigation or pending charge, tell your attorney immediately. Your defense strategy should account for both proceedings rather than treating them as completely separate problems.
Family-violence protective-order matters in Harris County are generally handled through the county's protective-order system, including the 280th Protective Order Court. Harris County states that protective-order matters may involve the Harris County District Attorney's Office, Domestic Relations Office, private attorneys, or self-represented parties.
Court assignment and procedure can depend on the specific case, so review your notice carefully rather than assuming where or when you need to appear.
Criminal charges can change your life—Get the defense you deserve.
A restraining order or protective order can affect your home, family, firearm rights, reputation, and freedom. An alleged violation can also expose you to a separate criminal prosecution.
You do not have to walk into a protective-order hearing without understanding the allegations or the evidence against you.
LaVine Law Firm represents people facing serious accusations throughout Harris County and Houston. A Harris County restraining order lawyer can review your court papers, explain your restrictions, prepare your defense, and help you address any related criminal allegations.
Call LaVine Law Firm at 713-965-7305 today to discuss your case.
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