While protective orders are meant to safeguard victims of domestic violence, not all protective orders are made equal. Some are made with a purpose other than protection from their abusers. Either way, a protective order is a serious legal matter in Texas, with significant and lasting consequences. Which is why it is important to know how to handle situations like these.
If you have been served with a protective order in Texas, it’s a critical moment that requires immediate, careful action. Here is a guide to help you navigate this challenging process and protect your rights.
Step 1: Do Not Panic, but Act Immediately and Prudently
The first and most important rule is to take the protective order seriously. Even if the allegations are completely false, a violation of a temporary or permanent protective order is a criminal offense in Texas, with penalties ranging from a Class A misdemeanor to a felony.
The document you’ve been served with contains crucial information. It outlines the specific allegations against you, the terms of the order (such as stay-away distances and no-contact provisions), and the date and time of your court hearing. You must understand and abide by every single restriction.
Also, you must stop all communication with the person who filed the order (the petitioner), whether directly or through a third party. You must adhere strictly to the geographical restrictions outlined in the order as well. This is a common and easy way for the other party to claim a violation.
Step 2: Lawyer Up, Gather, and Organize Your Evidence
The best defense is an experienced and knowledgeable attorney who specializes in family law and protective order defense. An attorney can help you:
- Understand the Legal Process: They will explain the legal standards the petitioner must meet, such as proving that family violence has occurred and is likely to occur again.
- Identify Weaknesses in the Petitioner’s Case: An attorney can spot inconsistencies, lack of corroborating evidence, and potential motives for a false claim (such as leverage in a divorce or custody case).
- Navigate Court Procedures: They will ensure all deadlines are met, file necessary response papers, and represent you effectively in court.
The burden of proof is on the petitioner, but you must be prepared to present your own evidence to counter their claims. Your defense may include:
- Documentary Evidence
- Witness Testimony
- Physical Evidence
- Medical and Police Records
Step 3: Prepare for the Hearing
The hearing is your day in court to tell your side of the story. Your attorney will help you prepare.
During your testimony and cross-examination, you must be truthful, calm, and concise. Your credibility is a major factor for the judge. Avoid becoming emotional or angry, as this can be misconstrued as aggressive behavior.
You must also focus on the facts of the case. Present your evidence logically and explain how it disproves the petitioner’s claims. If the claim is fabricated to gain an advantage in a custody case, your attorney can expose this motivation.
In conclusion, facing a protective order in Texas is a daunting experience, but it is not a lost cause. By taking immediate action, seeking professional legal help, and building a strong defense, you can fight to protect your rights and reputation. Edgett Law Firm is here to help you. Don’t hesitate to call us at 972-424-0760.