Accusations of physical or emotional abuse are a sure sign that you need to be vigilant—not only in regard to preserving your legal rights, but also in protecting your safety and the safety of your children. Regardless of who filed the application for a restraining order, this is a vulnerable moment for you. You’ll need a family law attorney by your side with experience in high-stakes situations—consider calling Hendershot, Cannon, Martin & Hisey, P.C.
Our Houston family law attorneys have over a century of combined legal experience, with hundreds of cases successfully won for our clients. Our aim in every case is to exceed your expectations and secure the best possible outcome for you. Our legal team works together to ensure that your case receives the focus, attention, and insight it needs to succeed. Let us protect what matters most to you.
Call (713) 909-7323 today to set up a consultation, or fill out our short online form.
There are two questions that make it vital for you to contact an attorney as soon as possible:
Texas law allows people to obtain protective orders in almost any type of abusive relationship, from family violence to dating violence. Whether you are no longer dating, are currently going through a breakup, or continue to be involved in the relationship, the option of a protective order is available to you.
You cannot afford to jeopardize your legal and financial standing as you enter the next phase of your life by having a protective order taken out against you. At the same time, if you are a victim of domestic violence, by no means can you afford to roll the dice with your safety or your children's safety by not seeking protection.
The terms restraining order and protective order often are used interchangeably. But in Texas, these two terms have very different meanings. A protective order is a court order issued to protect a victim of family violence from further harm. It typically prohibits a family member from contacting or being near another family member. It applies in all types of family law situations, not just divorces.
Protective orders are not routine orders. They are recorded with law enforcement agencies, and police may be present when the person subject to the order is forced to leave the family home. A family member who violates a protective order can be charged with a crime.
Because of the seriousness of a protective order, it's advisable to work with an experienced attorney whether you are seeking or defending against such an order.
Restraining orders are court orders designed to regulate the behavior of parties to a divorce. Restraining orders can prohibit parties from emptying bank accounts, taking out new loans, talking negatively to the other party or about the other party in front of their children and other behaviors.
Both protective orders and restraining orders can be established immediately through ex parte orders, which are temporary orders that are enforced prior to a formal hearing.
To be sure, when many people think of protective orders, the restriction that comes to mind is the "keep your distance" requirement. However, this aspect of a protective order is only one part of many important factors.
What else can a protective order do?
Family court judges can tailor a protective order broadly or narrowly based on an applicant's specific requests and what the judge determines to be in the best interests of the parties.
For example, a protective order can require the offending party to:
You might be wondering why you would need a lawyer to help you. After all, these measures are fairly comprehensive. Here’s the truth: there are many situations in which legitimate and serious family violence requires swift legal action.
However, there are also times when parties are tempted to act in the heat of the moment—without giving serious deliberation to how pursuing or defending against a protective order application can have long-term effects on the marital relationship, including your financial well-being.
Those accused of family violence may face lasting damage to their professional or community reputations; likewise, those considering taking out a protective order will have to endure some level of scrutiny.
By consulting with our family law attorneys as soon as possible—whether you have been served with an application for a protective order or need to file an application for your personal safety—we can immediately assess how various scenarios could play out and build a responsive legal strategy to each.
Understanding the sensitive nature of family disputes, Texas courts have tried to make the process of submitting and responding to a protective order application as straightforward as possible. This ensures fairness to both parties while protecting those who have cause to fear for their safety or their children's safety.
Nevertheless, it is always advisable to have an experienced lawyer guide you through the process.
If you have been accused of domestic violence, you may have been notified directly by your spouse that he or she intended to seek a protective order against you. In some cases, however, the accused don't learn of legal proceedings until they are served with notice of the application.
By seeking our experienced legal help early in the process, you will give us ample time with which to prepare your case for the hearing. Just as importantly, we can make sure that you don't do anything in the interim that could jeopardize your standing when the application goes before a judge.
If you are seeking protection, we can identify the proper court in which to file your application, and ensure that it contains all the information the court will need to give fair consideration to your claims. If you face a threat of imminent violence or have been a victim of violence, we can help you obtain a temporary ex parte order that takes effect immediately and lasts until a judge can hear both sides of the case.
Ex parte orders are available for both protective order cases and restraining orders issued during divorce. Protective orders may not last longer than 20 days. Temporary restraining orders may not last longer than 14 days.
For protective orders, a judge will hear the full merits of your application within 20 days (plus one possible extension of another 20 days) of the application date. The person against whom the order is being sought is entitled to respond to the allegations before the hearing.
During the hearing, both sides have a full opportunity to argue for or against a final protective order. The result can significantly impact the legal and financial rights of everyone involved indefinitely.
Especially at this stage, having our experienced family law attorneys in your corner can make all the difference. We are experienced litigators first and foremost, meaning we have spent years successfully advancing our clients' cases before a judge and honing an effective balance of aggressive case presentation and sensitivity to delicate family dynamics.
Whether your personal safety, reputation and/or financial standing are involved, we go to the courthouse ready to protect what matters most to you.
Judges are ultimately human. While we might want the laws to be applied with perfect consistency across every single case heard in courts across Texas, here’s the truth: cases are decided with a some subjectivity.
Because our attorneys have handled cases from all parts of Texas, focusing on Houston, Fort Bend County, and Galveston, we know how the court where we represent a client is likely to handle protective orders.
Knowing what to expect—including which judges are most sympathetic to protective order applications and which are more skeptical of such cases—means our clients won't be surprised by the legal process.
In short, our experience is your advantage.
At Hendershot, Cannon, Martin & Hisey, P.C., looking out for you is our bottom line. In the context of divorce, this means giving you the advantageous position when it comes to dividing property, setting the terms of alimony, and resolving issues of child custody and support. When questions of personal safety enter the picture, this also means ensuring that you get a fair hearing in the legal system that compromises neither your legal rights nor your personal safety. We don't settle for less.
Contact us today to speak with our Houston family lawyers in a confidential consultation.