Family violence puts spouses and children at extreme risk of harm or even death. If you are experiencing domestic violence, there are ways to stop it and protect yourself and your children. Obtaining a protective order is one of the most important steps you can take. However, because protective orders impose restrictions, you should expect your spouse or the child’s other parent to fight back and contest your claims.
On the other hand, there are also cases in which requests for protective orders are based on false allegations. In situations like this, you will need serious legal representation to dispute the statements that the other party has made against you. Failure to put up a strong defense could jeopardize your rights and reputation. For all matters involving protective orders in Keller, Texas, you can depend on the seasoned counsel of Jennifer Wiggins Moore Family Law.
Why Have a Protective Order?
If you or your children are victims of domestic violence, a protective order can prohibit the offender from committing further acts of violence. More specifically, protective orders can require an abuser to:
- Stop abusing and threatening you
- Not contact or communicate with you, directly or indirectly
- Leave the marital home
- Stay away from you and your children
- Not approach your home, school, or place of work
- Not approach the child’s school, daycare, or babysitter
- Not harass or threaten to harass someone you know
- Relinquish any firearms in their possession
- Not harm any family pets
- Not take away your children
There are several different scenarios for what will happen after asking the court to issue a protective order. The abuser may agree to leave you alone, which is generally easier and allows the judge to issue an agreed protective order. Or the abuser may deny your allegations and require a full hearing and the presentation of evidence. After the hearing, the judge will decide whether to issue a protective order and on what terms. A third option is that the abusive spouse or parent does not appear in court and the judge issues an order by default.
What Happens If the Abuser Violates the Order?
Law enforcement and the courts take violations of protective orders seriously. If the abuser violates any of the terms of the order, he or she can be arrested and charged with a crime. Possible punishments include a fine of up to $4,000, up to one year in jail, or both.
How Long Will the Protective Order Last?
The length of time that the judge will set for the order will depend on such factors as:
- What type of abuse was inflicted upon the victims
- How much harm the victims suffered
- Whether children were present when the abuse happened
- Whether the abuser was arrested
- Past instances of abuse
- The likelihood of further abuse
A protective order is usually effective for up to two years. However, certain factors, such as sexual abuse or stalking, could justify a longer order.
Can I Obtain an Emergency Protective Order?
Although protective orders require hearings, there are also emergency situations that justify a victim going to court without the presence of the abuser. This is known as an ex parte proceeding. A judge can issue a Temporary Ex Parte Protective Order without the abuser being present in court. However, because the abuser is entitled to due process, there will need to be another hearing with the abuser present. This usually takes place fairly soon after the ex-parte hearing.
How to Obtain a Protective Order
To get a protective order (including a temporary ex parte one), you will need to file an Application for Protective Order with the court. You will also need to file either an Affidavit or Declaration with the Application. An Affidavit can be used if you want your date of birth and address to remain confidential. It has to be signed in front of a notary. Meanwhile, a declaration can be used without a notary but your birthdate and address will be public information.
Unfortunately, under the law, a protective order cannot be issued unless violence has already occurred. A victim will need to prove that there has been violence and that violent acts are likely to happen again.
How We Can Help You
If you have experienced family violence, we can handle all aspects of your protective order case. This includes filing and serving the appropriate paperwork, obtaining evidence (including witness statements) to support your claims, and conducting the hearing. We will argue for the strongest protections possible and ensure you understand your legal rights. Later, we can handle other related cases with which you may need assistance, such as child custody.
Conversely, you could be falsely accused of family violence and need legal defense. You should understand that protective orders can severely limit an individual’s freedom and have potentially severe repercussions for their professional and personal lives. We can contest the allegations made against you and, if the court is inclined to issue an order, seek the least restrictive terms possible.
Contact Our Keller Protective Orders Attorney
Taking quick action can help protect your family if it has experienced domestic violence. It can also help protect your reputation and your future if someone has made false accusations of family violence against you. Find out why so many clients trust the dedicated team at Jennifer Wiggins Moore Family Law. Call today to schedule your confidential consultation.
Jennifer Wiggins Moore Family Law, P.C., serves clients in Keller, Fort Worth, Alliance, Presidio, North Fort Worth, and throughout Tarrant County.
