Do You Need an Attorney for a Restraining Order?

All of us have a legal right to lives our lives free of abuse and undue harm from others. Spouses, children, and private citizens should not have to bear the malicious maltreatment from family, neighbors, co-workers or anyone else who crosses their path. Unfortunately, some of us are placed in situations where we are forced to take legal action to protect ourselves and our families.

In Texas, as in most other states, victims of abuse may seek court injunctions barring virulent parties from coming in contact with them and causing more strife. If you or a family member are the victim of abuse by a spouse, former partner, or other individual, you should strongly consider speaking to an attorney to help exercise your legal rights by filing a protective order.

What is a protective order?

Protective orders are legal actions designed to protect individuals from those who would cause harm. These types of actions are sometimes referred to as “restraining orders.” Abusers who violate these protective orders may be subject to jail time or hefty fines.

Restraining orders are intended to put a halt to family violence, sexual abuse, stalking, or other forms of undue harm. Some protective orders may compel wrongdoers to attend counseling, leave a home, or pay child support. While most of us expect the threat of jail time or fines would deter malevolent behavior, violations do still occur and must be dealt with accordingly.

How can I get a restraining order?

If you were hurt by someone, or were threatened with harm, and are afraid they will hurt you again or act on a threat, you may file your petition for a protective order with the county court where you or the alleged offender live. While it is completely free to file these papers and have them served on the individual you believe poses harm, it is none the less strongly advised you have an attorney aid you in this process.

Once the appropriate paperwork is filed, a hearing will be set in two weeks where each side will state their case for or against a protective order. Having an attorney may be important because the other side is entitled to hire his or her own attorney who can ask questions of you. Furthermore, courts will expect to hear your testimony and see evidence as to why your alleged abuser should have a protective order placed against him or her.

These hearing may be emotional times and having a compassionate and dedicated legal advocate on your side may mean the difference between getting the injunction you and your family need and suffering more abuse. Even if a protective order is granted, courts have discretion to decide between temporary orders (usually a minimum of 20 days) and longer term orders (up to two years).

Kingwood, Texas restraining order attorneys

If you are suffering abuse at the hands of a family member, spouse, or former partner, contact The Law Office of Andrew J. Williams for a consultation about your cause. Our criminal defense attorneys can act as the legal aid you need to help get the legal injunction you may need to give you and your family time to heal and put your life back in order. Our offices serve Harris County, Montgomery County, Liberty County, and San Jacinto County.

Andrew Williams, an experienced attorney who can challenge evidence in a DWI case
About the Author: Andrew Williams
I am a criminal defense lawyer with over 20 years experience defending people accused of wrongdoing. I am board certified by the Texas Board of Legal Specialization. Only ten percent of attorneys in Texas are board certified in their respective field. I practice criminal law exclusively in both state and federal court including appeals of criminal cases.