Domestic Violence/P.O./R.O.

Protective & Restraining Orders

Domestic Violence Attorneys in Collin, Dallas, and Denton Counties.

Our Law Firm Serves Clients in the Following Counties: Collin, Denton, Dallas.

Domestic Violence, Protective Orders, and Restraining Orders in Texas

Domestic violence is shockingly prevalent in our society. The National Coalition Against Domestic Violence reports that every minute in the United States, close to 20 people are abused by a romantic partner. Approximately 5 million children are exposed to domestic violence every year.

The effects of domestic violence can be long-lasting. Children have higher levels of anxiety, hostility, disobedience, and withdrawal. Moreover, children exposed to domestic violence are more likely to attempt suicide, run away from home, abuse substances, engage in teenage prostitution, and commit sexual assault crimes, according to the National Network to End Domestic Violence. Adult victims of domestic violence suffer from mental health and behavioral health issues, anxiety, and sleep disorders. Too often, victims of domestic violence feel as though there is no hope to escape their situation.

If you or your children have experienced domestic violence or fear you will become victims of domestic violence, contact Grinke Stewart Law, PLLC. Our experienced and compassionate family law attorneys can help you obtain the legal protections you and your family need.

Protective Orders and Restraining Orders in Texas

The state of Texas takes allegations of domestic violence very seriously. Victims and families have certain protections available under the law before and during the pendency of criminal matters related to the acts of violence. In many of these cases, victims may apply for a protective order or restraining order. Protective orders and restraining orders are court orders that can help protect a person from family violence and threatening contact and help protect children from someone who might jeopardize their safety and welfare.

Protective orders and restraining orders are issued following a hearing, which is dissimilar from a regular trial in criminal court. To obtain such an order, the petitioner (the person requesting the protective order) will need to prove by a preponderance of the evidence that the respondent (the person against whom the protective order is requested) has committed an act or acts of domestic violence against the petitioner. This is a lower burden of proof than typical criminal cases, which require proof beyond a reasonable doubt. The petitioner needs to show that the majority of the evidence proves domestic violence has occurred.

Process for Obtaining a Domestic Violence Protective Order in Texas

In most cases, the process of obtaining a protective order in Texas includes filing a petition and presenting evidence at a hearing. The hearing will be scheduled within 14 days of the petition’s filing, during which time the respondent will be served with process and will need to adhere to any temporary restraining order that might be in effect.

Both parties will be present and have the opportunity to present evidence at the hearing, after which the court will make a decision as to whether a protective order should be issued.  If the court orders a general protective order, the respondent will immediately need to comply. Violations of the order can result in criminal charges.

Types of Protective Orders in Texas

Two types of protective orders related to domestic violence in Texas are:

• Temporary Restraining Order (TRO) – This is a temporary form of protection for a petitioner leading up to the hearing on a general or permanent protective order. It can be issued by the court ex parte, meaning before the respondent even has notice of the petition. The court will determine if a TRO is necessary based on the information contained in the petitioner’s initial filing. A TRO will typically last 14 to 20 days, depending on the circumstances of the case.
• General/Permanent Protective Order – After a hearing on the matter, the court will decide whether a general or permanent protective order should be issued. This order replaces any TRO in place at the time. A general protective order will require the respondent to vacate any shared home and will prohibit the respondent from contacting the petitioner, committing any acts of violence against the petitioner, going to the petitioner’s home or work, and possessing a firearm, among other terms. Typically, these orders last two years.

Having an attorney who understands how to obtain proper protection is crucial when the safety of you and your children are at stake. Your attorney can help you decide which options are right for you and begin the process of obtaining an order on your behalf.

Contact Grinke Stewart Law, PLLC to Discuss Your Case

If you have experienced domestic violence in your relationship, we are here for you. Call Grinke Stewart Law, PLLC at (469) 598-2001 to discuss your legal matter with one of our attorneys.