Plano Restraining Order Lawyer

Were you recently arrested for violating a restraining order in Plano, TX? Do you need help fighting an existing or pending restraining order? Your freedom and future could be at stake. An experienced Plano restraining order lawyer at Edgett Law Firm can fight to protect your legal rights. 

We’ve handled thousands of criminal cases since 2010, fighting to help countless clients minimize the potential negative consequences of criminal action.

If you need legal advice, don’t wait another minute. Call our law offices in Plano, Texas, to schedule a free consultation with a lawyer who can help.

How Can Edgett Law Firm Help You Fight a Restraining Order in Plano, TX?

How Can Edgett Law Firm Help You Fight a Restraining Order in Plano, TX?

A protective order can limit your freedom before you even have a chance to defend yourself. If a final order is put into place, you could be unable to contact your children or visit family. You might even have to move out of your home.

Courts take allegations of domestic violence seriously in Texas. If you’ve been accused, you’ll need a strong Plano criminal defense lawyer in your corner. Our legal team at Edgett Law Firm has over 22 years of experience handling cases like yours. 

We’ll take an aggressive approach to protecting your freedom by:

  • Gathering all evidence available to fight the order
  • Finding weaknesses or false allegations in the applicant’s evidence against you
  • Advocating for your rights at the hearing and throughout the criminal process
  • Protecting you if you’re accused of violating an existing restraining order

Our Plano criminal defense attorneys know how these cases work. We may be able to negotiate with prosecutors behind the scenes to get charges dismissed or reduced. 

Restraining orders have serious consequences. Call an experienced attorney who will advocate for your rights throughout the entire legal process today.

Overview of the Laws on Restraining Orders in Texas

The terms “restraining order” and “protective order” are often used interchangeably. These are really two different documents.

Under Texas Family Code Section 6.501, courts have authority to issue temporary restraining orders (TRO), which are also called injunctions. Restraining orders are issued in connection with a court case. These court orders typically include language prohibiting one person from contacting or harming another. 

TROs may prohibit a person from:

  • Communicating with a person via text, phone calls, email, or otherwise
  • Threatening another person
  • Selling or transferring property
  • Spending joint funds or incurring debt
  • Causing injury to another person or child
  • Damaging property, changing beneficiary designations, or failing to pay insurance premiums

Courts have authority to include an extremely broad range of prohibitions within a Section 6.501 TRO.

On the other hand, protective orders are issued in cases involving domestic violence, stalking, or harassment. While TROs offer general prohibitions, protective orders are usually much more specific.

The protective order will provide details about:

  • The specific type of protection provided by the order
  • The duration of the protective order
  • The treatment of any criminal offenses

Three primary types of protective orders are available under Texas law:

  • Temporary ex parte protective orders
  • Permanent protective orders
  • Emergency protective orders, which are issued after the person subject to the order has been arrested for certain crimes 

The details and duration of the restraining order depend upon the specific type of protective order involved.

What Do Protective Orders Do?

Protective orders in Plano can contain any number of prohibitions. You may be prohibited from:

  • Going to another person’s home, school or work
  • Committing acts of violence
  • Taking a child from the person being protected
  • Communicating with the person the order is designed to protect
  • Exercising your child custody rights
  • Possessing a firearm

Most often, these orders prohibit you from contacting the applicant. It’s possible that you may even have to move out of a joint residence. You could be ordered to remain a certain distance from the applicant.

When the judge issues a protective order, the prohibitions apply to the applicant, their family members, roommates, romantic partners, and children.

Temporary Ex Parte Protective Orders

Texas family law courts have the authority to issue a temporary ex parte protective order without providing any notice to the person being restrained. Under Section 83.001 of the Family Code, the court must determine that there is a clear and present danger of family violence before issuing the order.

The temporary order can protect the applicant or any member of the applicant’s household or family.

The initial order cannot exceed 20 days. However, the applicant can request additional 20-day extensions.

Permanent Protective Orders

You must be present in court for the judge to issue a permanent protective order against you. In other words, you’re entitled to a hearing before a temporary order can be made “permanent”. During that hearing, the judge will determine:

  • Whether family violence has occurred
  • Whether family violence is likely to occur in the future

Under Section 85.001 of the Family Code, if the court finds that the person has committed family violence and is likely to commit family violence in the future, a permanent protective order can be issued.

Under Section 85.025 of the Texas Family Code, a protective order can only remain in place for a maximum of two years.

Emergency Protective Orders

An emergency protective order is also called a Magistrate’s Order of Emergency Protection. The court may issue an emergency restraining order after a person is arrested for committing:

  • Family violence
  • Sexual assault
  • Aggravated sexual assault
  • Stalking 

The magistrate is required to issue the emergency order if a person was arrested for family violence causing serious bodily injury or use of a deadly weapon.

The emergency order is issued before the defendant is released from custody. Depending on the circumstances, the emergency order can last anywhere from 31 to 91 days.

Restraining Order Hearing Process

Most often, the court will issue a temporary restraining order based on evidence presented by someone in your life. Judges typically issue temporary orders if you’re accused of a violent act and the judge believes that you’re likely to harm the person in the future.

While the person requesting the order is required to present evidence, you don’t have the right to defend yourself.

Before a temporary order can be made permanent, the judge will hold a hearing. You’ll be given notice of the hearing, which is where you’ll have a chance to defend yourself. It’s critical to have an experienced Plano restraining order attorney by your side at the hearing.

Our legal team at Edgett Law Firm is here to protect your rights every step of the way. As soon as you learn that someone is seeking a protective order, it’s a smart idea to call our offices. We’ll get started immediately and do everything possible to prevent a temporary order from becoming permanent. 

What are the Penalties for Violating a Restraining Order in Plano, Texas? 

You can be arrested for violating a protective order in Texas. Law enforcement can arrest you if they have probable cause to believe that you violated the order.

Violating the order is a Class A misdemeanor for first offenders. A conviction for violating a protection order can result in a $500 fine and up to six months in jail. However, you can be held without bail until the judge determines whether you violated the order. If you committed an act prohibited by the order, you could be sentenced to one year in jail and ordered to pay a $4,000 fine.

Repeat offenders can face more serious felony punishments. You could face up to ten years in prison and a $10,000 fine if convicted. 

It’s also important to remember that prosecutions often tack restraining order violations onto other charges. In other words, you may face allegations that you violated a restraining order along with allegations that you committed an act of domestic violence.

If you’ve been accused of domestic violence, a criminal defense lawyer at Edgett Law Firm can help. Our lawyers work with family law attorneys in Dallas County and Collin County. Call today to learn more about an attorney client relationship.

What Defenses Can Be Raised if I’m Accused of Violating a Restraining Order? 

When you’re facing criminal charges in Plano, it’s important to hire an experienced defense attorney to protect your legal rights. At Edgett Law Firm, we know how much is at stake. We’re here to build the most aggressive and effective legal defense possible. 

Potential defenses may include:

  • False allegations
  • Lack of evidence that you will commit future violent acts
  • Challenges to witness credibility
  • Challenges to the applicant’s motives for filing for a restraining order

Are you interested in learning more about how a restraining order defense lawyer can help? Call our law offices to schedule a free initial consultation today.

Schedule a Free Consultation With a Plano Restraining Order Lawyer

Restraining orders can have a serious impact on your life. Whether you’ve been accused of violating an order or need help defending your rights at a hearing, call a Plano restraining order lawyer at Edgett Law Firm for a free consultation today.