Granbury Restraining Orders Lawyer

Facing domestic violence or threats of violence from another person is never easy to manage. Your home, personal safety, and your family’s safety are all extremely important to protect from harm. Knowing how to file a restraining order and what different kinds of restraining orders are available to you is the first step in that process.

Texas law is set up to make sure that the right order is paired with the right charges, but choosing a law firm that is able to handle your case with the knowledge and care necessary to make it as stress-free as possible is your first priority. For top-of-the-line attorneys that can help you with a restraining order, look no further than the Law Firm of William A. Walsh.

Restraining orders, by legal definition, are legal restrictions that place limits on the interactions between two parties, mostly put in place to keep one party safe from the other. These orders can involve people, personal belongings, or residencies being placed as “off-limits” points of access and are usually the suspected targets of attack by the restricted party.

For some instances, such as divorce, restraining orders can be placed between more reactive couples in an effort to facilitate non-hostile communication between both parties. In Texas, this has become a common part of divorce proceedings, traditionally aimed at helping make sure the divorce and subsequent settlement are totally equitable before reaching a final verdict.

Although often spoken of interchangeably, protective orders and restraining orders are very different and have different legal protections. For example, restraining orders are typically used as a way to restrict some form of action. As aforementioned, the most common kinds of restraining orders used in Texas are between spouses in a divorce trial. A restraining order might be placed on a joint checking account or joint asset as a way to prevent either party from taking control of these assets before the end of the case, for example. Protective orders, on the other hand, are used to keep individuals safe from certain other individuals, such as a hostile spouse or parent, and are intended to prevent any hostile or violent confrontations between each party.

• Temporary Restraining Order: Temporary restraining orders are typically used as supplemental to different legal cases that are not completely settled, restricting certain behaviors and actions from being committed during that intermittent period. These orders are typically used for family law cases, especially concerning child visitation and custody, and are only active until the end of the trial process.
• Spousal Restraining Order: As mentioned previously, spousal restraining orders are similar to temporary restraining orders in that they only last for the duration of the trial; however, spousal restraining orders are tailored to each case and typically tied to the use of different assets. For example, if one of the assets being negotiated in your divorce trial is a shared savings account, use of that account can be restricted in the stipulations of a spousal restraining order so it can be properly divided in the settlement of the divorce.
• Permanent Restraining Order: Permanent restraining orders are restraining orders that are enforced and long-lasting, typically agreed upon in court. These carry civil penalties if broken. Although these orders are called “permanent” protective orders, they are typically disbanded after two years from the initial enforcement. Depending on the severity of the issue and the nature of the case, however, the longevity of these orders can be renegotiated and lengthened to ensure that those placing the order remain safe.

• Temporary Ex-Parte Protective Orders: Ex-parte protective orders can be issued temporarily for anywhere from 20 to 40 days of use as a way to ensure the safety of the individual filing the order, mostly due to an immediate sense of harm that could come from a confrontation between them and the party the order is directed towards.
  In instances where there is proof that contact with a certain individual would create a hostile situation, a full, formal court hearing can be avoided, allowing the victims of abuse time away from their abuser without fear of provoking them before the order is issued.
• The Magistrate’s Order for Emergency Protection: Similar to temporary ex-parte protective orders, the magistrate’s order for emergency protection is a particular kind of protection order aimed at keeping victims of domestic violence and abuse away from their abusers. After the abuser is arrested, these orders are usually put into place for anywhere between 31 to 60 days, and in instances involving weapons, these orders can be prolonged to 91 days.
• Permanent protective orders: Similar to permanent restraining orders, permanent protective orders are used to ensure that someone facing violence from another person is given legal backing for their lack of contact. For example, consider the situation in which an abusive ex-spouse or partner is required by your permanent protective order to not call or contact you, but they choose to do so. If this happens, you are within your legal right to call law enforcement to report a violation of this order.
  These restrictive orders are also issued with a two-year expiration date, but if need be, the courts can extend or prolong the effectiveness of the order as a way to keep those in need of protection safe from harm.

In terms of filing for a restraining order or a protective order, in the state of Texas, it is free to file either kind of order. In some cases, if these orders are issued as a result of a domestic violence charge or abuse, local organizations centered around supporting victims of abuse can aid in supplying the money for legal fees and securing an attorney to support your case.

Depending on the kind of order you are filing, the backing for the claim can vary. For example, spousal restraining orders are typically dependent on a divorce trial, and they’re specifically used to create a healthy boundary between spouses when discussing their shared assets. On the other hand, some protective orders, such as temporary ex-parte protective orders, are issued when there is a known threat of danger to the person filing the claim, making the order go into effect as soon as possible to keep them safe.

Different orders require different qualifications for filing during your trial, but others can be filed without a full display of evidence. If filed in conjunction with another case, the evidence for that case can be used to support the order. Once again, using temporary ex-parte protective orders as an example, the evidence needed to have one of these orders put into place is completely reliant on the testimony of the victim. If enough evidence is shown in their favor, these orders can be completed and enforced immediately as a way to protect the victim.

Serving restraining orders and protective orders may seem like an easy process. However, in the state of Texas, for a restraining order or protective order to be served correctly, a neutral third party must be involved as the main conveyer of the order. Introducing a non-affiliated person to the case can ensure that the decision to serve these restrictions, as well as the safety of the abused party, can be upheld and protected while getting these orders put into place.

Placing a restraining order or a protective order is an extremely nerve-wracking process, especially when it comes to facing domestic violence threats or possible adverse reactions from the other party involved. One of the easiest ways to ensure your safety and the proper delivery of these orders is by finding and securing legal counsel that is experienced with these matters and is willing and able to take your case head-on.

At the Law Firm of William A. Walsh, we take matters of domestic violence very seriously. When it comes to our services, our history with different restraining orders and protective orders makes us a reliable choice for legal representation. If you need help starting a protective order or feel you have been unfairly target with one, our firm can help. For more information or to schedule a consultation and explore our full list of practice areas, be sure to visit our website and contact us.