Were you recently arrested for family violence (domestic violence) in Plano or Dallas? If so, you may end up with a protective order against
you, if there isn’t one already.
If your spouse or your significant other does get a protective order, ordering
you to stay away from them, what does that mean to you?
According to the Attorney General,
Ken Paxton’s website, “Victims of family violence are entitled to the maximum protection
permitted by law.” With that statement in mind, protective orders
(civil court orders) are utilized to prevent people from continuing violent
behaviors, such as family violence, stalking, and sexual assault.
Family violence, otherwise known as “domestic violence” refers
to physical violence and threats of violence between family and household
members. Spousal abuse and child abuse are the two most common forms of
family violence, which are outlined under
Chapter 5, Code of Criminal Procedure.
What Can a Protective Order Do to Me?
Generally, the court can issue a protective order when it finds that family
violence or sexual assault has taken place and it may occur again. So,
supposing a protective order is taken out against you. What can it do
to you? A protective order can prohibit you from:
Engaging in further acts of stalking or
- Harassing your alleged victim (directly or indirectly)
- Threating your alleged victim, directly or indirectly
- If you have a child protected in the order, going near your child’s
daycare or school
In addition to the above, a
protective order can: establish visitation of your children, order you to pay
spousal support for up to one year, order you to receive counseling, and it can order
to move out of your family residence.
A temporary protective order can last as long as
20 days, whereas a final protective order is effective for
two years, unless the judge specifies a different period of time. If an offender
violates a protective order, the state will seek an arrest and criminal
charges will be filed.
Have you been accused of family violence? If so,
contact our firm to schedule a consultation with an experienced Plano
criminal defense lawyer today!