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A protective order is a civil court order issued in order to protect people who have been stalked, subjected to domestic abuse, or sexually harassed. A protective order is meant to prohibit the accused to harass, stalk, or harm their accuser. It can also make it so the accused cannot go near their children if the accuser and the accused have children together. There are three types of protective orders, and they include a temporary family violence protective order, a final family violence protective order, and an emergency protective order. There are also protective bond conditions, which function similarly to protective orders and often come about when a person is trying to bond out of jail.
Facing domestic violence charges is intimidating. Even lawyers get intimidated by being in the courtroom and they have years of experience and knowledge. It is a stressful situation that can have long-term consequences. If you face charges and now have a protective order against you, get in touch with a Lubbock protective order lawyer who can defend you. A skilled domestic violence lawyer can work diligently to make sure that your rights are protected.
Types of Protective Orders
The temporary family violence protective order can be established immediately if there is a serious threat or safety issue.The Family Violence Protective Order is issued after there has been a hearing on the merits. In other words, the Court received adequate verification of the alleged problem to issue the order.
Another kind is an emergency protective order, which is issued from the moment the authorities learned of trouble or alleged trouble until determining that it exists. Then there is the general order encompassing domestic violence protective orders, hate crimes, stalking, sexual assault, human trafficking. For more information on these orders, contact a Lubbock protective order lawyer today.
Good cause is the rationale for what the court is doing. When a person has a protective order against another person, they are asking for a limit on somebody else’s rights and, if it involves their own children, they would have to give good cause in order for the court to issue a protective order.
A person cannot take away someone’s right without a reason. Assault and domestic assault would be good cause for a Court to justify limiting somebody’s right if there is reasonable fact, testimony, and evidence that one person is threatening and/or harming another.
Impact of Charges on Child Custody and Visitation
The main thing with child custody is that once domestic violence is triggered and the accusation is made, the state basically has a right to be looking and focusing on the situation and the best interests of the child, and the judge will be doing that. Everybody will be looking out for whatever child situation there is.
One of the things that they could talk about is prohibiting the removal of the child from somebody’s care or from the state of Texas. All of these things are specific examples of the state taking away a person’s personal rights with a child, which is huge if they are a parent. They can state the terms under which the accused will have access to the child if the accused is the parent of that child. They can require the accused to make a payment for the support of the other party or for the support of their children, but those are the big ones that can come about because of domestic violence.
Repercussions of Violating an Order
If someone violates a protective order, the consequences depend on who the person is. Protective orders are generally going to go against the person accused of the family violence. If the accused violates one of those provisions in a protective order, it is going to be a criminal prosecution. However, it depends on the type of protective order. If it is a provision that applies to both parties and the judge says, that both people have to abide by the conditions set forth and a person violates that, it is not a criminal charge it is contempt of court. If a person gets contempt of court, the judge can put both the accuser and the accused in jail until they agree to follow the conditions of the order or do what the judge thinks they need to be doing. Violating an order can have serious consequences, which is why it always helps if someone has a Lubbock protective order lawyer they can consult.
Circumstances of Protective Order Modification
A protective order can be vacated or modified at any time. Once a person has a hearing, then a temporary protective order can be entered as a final protective order against the accused and can prohibit a long list of actions, like committing family violence, assault the person protected, stalking the person protected, going near the residence or place of employment.
If a person has a license to carry a handgun, the order may need to be extended and the court may require the accused person to attend a counseling program of some kind within 60 days of the order being granted. There are some things that can be ordered against both people, like prohibiting the removal of a child from a party’s care, the terms of having access to a child, prohibiting the sale or transfer any of the property, the removal of a pet, directing the accused to vacate premises, requiring the accused to pay child support, and/or awarding possession or use of items that both the accused and the other party owns.
Benefit of a Lubbock Lawyer
The main benefit of contacting a Lubbock protective order lawyer is that a qualified attorney will have the training and experience needed to provide you with a fair chance at a reasonable outcome. Prosecutors, judges, or police officers are not always out to get people, but they are represented well. The government is behind the prosecution and all of what they are trying to do. They have plenty of lawyers and lots of expertise. With so many resources at hand, the prosecution can seem quite the formidable opponent. However, with the help of an attorney, you are not alone. A lawyer can allocate their resources and time to defending you and building your case.