Restraining and Protective Orders

Domestic Violence

Domestic violence is as much a problem in the state of Texas as it is elsewhere. In 2005, over 187,000 cases of domestic violence were reported in Texas. The number of unreported cases is likely to bring the number much higher. In most cases, domestic violence is reported by calling the police. This can bring the violence to an abrupt halt but will only provide temporary benefit. If you are serious about ending domestic violence in your family then you will need to take some legal steps to ensure that it does not continue. In most cases, people seek a restraining order or a protective order.

The First Step in Obtaining a Restraining or Protective Order

The first step to obtaining a restraining or protective order is to speak to a family law attorney. A "family law attorney" that is experienced in dealing with domestic violence disputes will be able to handle your case. He or she will be able to ascertain the level of domestic violence that you have suffered and be able to give you a clear idea of what the different protections involve.

Family Violence and Levels of Severity

Domestic violence does occur in different levels of severity. There are times when it is an isolated incident or where the domestic violence is mental rather than physical in nature. Physical and sexual abuses are where domestic violence peaks in its severity but the spectrum includes verbal abuse as well as deprivation of liberty. Your family law lawyer will wish to ascertain the type of abuse that you have suffered as it has a direct impact on the protections that you are able to receive. If you have suffered from violence that is physical in nature, a protective order is appropriate. Alternatively, if your spouse has broken no laws, it might be better to pursue a restraining order.

The Strongest Form of Protective Orders

The strongest form of "protective order" that can be granted is a no contact protective order. The name gives a very clear indication of what is involved, no contact. If a no contact protective order is issued on your behalf then the person that has abused you will not be able to make contact with you in any way. He or she will not be able to write to you, call you or speak to you on the street. He or she will not be able to come to your home or place of business nor any places that your children might be. If a no contact protective order is issued, the person that it is issued against will not be able to own a gun. The penalties for breaching a no contact protective order are very stiff and quite often involve jail time. A no contact protective order tends to be reserved for very severe cases of domestic violence.

• Standard Protective Orders

Also applicable in cases where a crime has been committed is a standard protective order. In a standard protective order, some contact is permissible. Letters or phone calls are possible but face-to-face communication is definitely out of the question. If a standard protective order is given then, as in a no contact protective order, the person that has abused you will not be able to come to your home, place of work or anywhere that your children might be. Once again, they will not be able to own a gun. The penalty for violating a standard protective order can involve jail time. The court takes domestic violence very seriously.

Restraining Orders

A restraining order is a milder form of protection that will not involve jail as a punishment. A restraining order is a civil action and tends to be used if no actual crime has been committed. The restraining order will outline what contact, if any, is possible. The goal of a restraining order is to prevent someone from coming within close proximity of you. A restraining order can prevent them from coming to your home or place of work and can force them to keep beyond a certain distance of you. As the restraining order is civil in nature, breaching the restraining order does not involve jail time.

Choosing a Family Law Lawyer

Your family law lawyer will be able to help you decide whether a protective order or a restraining order is best for your situation. He or she will ascertain the type of abuse that you have suffered and be able to help you decide the course of action that you want to take to ensure that you and your children are no longer victims of domestic violence. It can be a rather stressful situation but it will place a legal barrier between you and the person that has abused you so it is well worth the effort.

Domestic Violence in Divorce

If domestic violence is a factor in a divorce then it is likely to have an effect on the settlement outcome. The court tends to take a dim view of people that have abused their spouse or children. Procedurally, the divorce will not be very different to a regular divorce. However, steps will be taken to minimize contact between the spouses. The mediation process is likely to take place with the spouses in separate rooms. Though a no contact protective order forbids contact, a line of communication is open through the spouse's lawyer.

Restraining orders and protective orders have empowered many people that have been victims of abuse. By keeping the person that has abused them out of their way, people find that they are able to resume a normal way of life. If you have been a victim of domestic violence and you want it to stop, talk to a family law attorney today.

Please call us today at 281.210.0010 or complete our contact form and let us assist you with your legal need.

Smith & Garg LLC | 1095 Evergreen Circle, Suite 300 | The Woodlands, Texas 77380
Please call 281-210-0010 | Fax: 281-362-9757

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