How a Dallas Assault Defense Lawyer Can Help With Restraining Orders

How a Dallas Assault Defense Lawyer Can Help With Restraining Orders

Dealing with a restraining order can be scary and confusing. As a Dallas assault defense lawyer, I want to help explain the process and how an attorney can help protect your rights. A restraining order, also called a protective order in Texas, is a court order to prevent continuing acts of violence, stalking, or abuse. There are a few types of restraining orders in Texas that people often get confused:

• Emergency Protective Order – Issued after an arrest, lasts 31-91 days
• Temporary Ex Parte Protective Order – Issued without the accused present, lasts up to 20 days
• Permanent Protective Order – Lasts up to lifetime after a court hearing

If you have been accused of domestic violence, assault, stalking, or abuse, and have received notice of any of these restraining orders against you, it is critical that you speak with an attorney immediately. An experienced Dallas assault defense lawyer can help defend your rights and possibly get the order dismissed or modified.

How Can a Lawyer Help With an Emergency Protective Order?

An emergency protective order (EPO) is commonly issued after an arrest for domestic violence or assault in Texas. It can last 31-91 days depending on the circumstances. If you have been arrested and served with an EPO, here are some ways a Dallas assault defense attorney can help:

• Review the order to determine if it was properly issued and valid
• File a motion to dismiss the EPO if there are grounds
• Request a hearing to modify the terms if they are unreasonable
• Advise you on the consequences of violating the order
• Help negotiate a dismissal of the EPO in certain cases

Having an attorney review your emergency protective order is critical, because violating the order can result in criminal charges. An attorney can determine if the order was properly issued and explain your options. In some cases, we may be able to get the order dismissed or modified through legal advocacy.

What Can a Lawyer Do About a Temporary Ex Parte Protective Order?

A temporary ex parte protective order can be issued without the accused being present or given a chance to respond. It is issued based only on the accuser’s testimony and lasts up to 20 days in Texas. If you’ve been served with one of these orders, here’s how a lawyer can help:

• Review the order and prepare a strong defense
• Help gather evidence and witnesses to refute the accusations
• Represent you at the hearing to fight the permanent order
• Negotiate dismissal of the order if the accuser agrees
• Advise you on how to comply with the order

Having an attorney in your corner from the start with a temporary ex parte order can greatly help your chances of getting it dismissed. We know these orders can be wrongly issued based on false allegations, and can build the strongest case possible to fight it.

What Can an Attorney Do if You’re Facing a Permanent Protective Order?

A permanent protective order can remain in effect for up to a lifetime. If you’ve been served with notice of a hearing for a permanent order, it’s essential to have an experienced Dallas assault defense lawyer represent you at the hearing. Here are some ways we can help:

• Thoroughly investigate the allegations and build a strong defense
• Obtain and present evidence to refute the accuser’s testimony
• Cross-examine the accuser and other witnesses at the hearing
• Present persuasive legal arguments against the order
• Negotiate a dismissal of the order if possible

Permanent protective orders can have severe long-term consequences, like restricting your access to your home or children. By aggressively fighting the order, we aim to get the order dismissed entirely, or at least modified to be more reasonable.

What Factors Help Get a Protective Order Dismissed?

While every protective order case is different, some common factors that can help get an order dismissed include:

• No police report or documentation of abuse
• No physical signs of injury to the accuser
• Evidence that the accuser actually instigated the incident
• Motive for the accuser to falsely allege abuse, like a custody dispute
• Text messages or recordings refuting the accusations
• Witnesses supporting your version of events

An experienced Dallas assault defense attorney will know how to present these types of evidence persuasively in court. We will build the strongest case possible to fight false allegations and protect your rights.

What Are the Consequences of Violating a Protective Order?

It is absolutely critical to understand that violating a protective order is a criminal offense in Texas. Even if you believe the order was wrongly issued, you must fully comply with all its terms until it is dismissed or expires. Violating the order can result in fines, jail time, and new criminal charges.

Some common ways people unintentionally violate protective orders include:

• Contacting the protected person by phone, text, social media, or in person
• Going near the protected person’s home, workplace, or school
• Having someone else contact the protected person on your behalf

Before taking any action, speak with your Dallas assault defense lawyer to ensure you remain compliant. We can help advise you on the exact terms of the order to avoid violations.

How Can a Lawyer Help if You’re Charged With Violating the Order?

If you are arrested or charged with violating a protective order, it is critical to hire an experienced criminal defense attorney immediately. Even if you believe the violation was accidental or justified, a violation is still a criminal offense. An attorney can help by:

• Analyzing if the violation charge is valid or an error
• Negotiating with the prosecutor to potentially drop the charge
• Building a strong defense against the violation charge
• Representing you in court to achieve the best possible outcome

Never try to represent yourself on a protective order violation charge. An experienced Dallas assault defense lawyer can often get charges reduced or dismissed through effective negotiation or trial advocacy.

How Can an Attorney Help Modify the Protective Order Terms?

If certain terms of your protective order seem unreasonable, unnecessary, or overly burdensome, a lawyer may be able to help get the order modified. For example, we may be able to negotiate or litigate changes to:

• The duration of the order
• Restrictions about contacting the protected person
• Stay-away distances from certain locations like home or work
• Conditions for visitation with children
• Requirements for drug testing or counseling programs

While dismissal of the order completely is ideal, modifying the terms can help reduce the impact it has on your daily life. An attorney knows how to effectively argue for modifications that are in your best interest.

Why Hire an Assault Defense Lawyer vs. a Family Law Attorney?

While family law attorneys can sometimes assist with restraining orders, an experienced assault defense lawyer is usually the best choice. Criminal defense lawyers have specific expertise defending restraining order cases arising from accusations of domestic violence, assault, stalking and abuse. An assault defense lawyer can fully protect your rights in these situations.

Some benefits of hiring an assault defense attorney include:

• Knowledge of criminal laws and procedures in Texas
• Experience cross-examining accusers and challenging their credibility
• Better relationships with local prosecutors and judges
• Focus on defending your freedom and criminal record
• Resources to conduct in-depth investigations

When your reputation, freedom, and family are at stake, it’s wise to hire an attorney specialized in defending assault and restraining order allegations.

What Should You Do if Served With a Protective Order?

If you are served with any type of restraining or protective order, you should take the following steps immediately:

1. Read the order very carefully and understand all the restrictions
2. Note the hearing date if one is scheduled
3. Contact a Dallas assault defense lawyer for help
4. Begin gathering evidence and witnesses to refute the accusations
5. Do NOT violate the order or contact the protected person

A prompt response is critical, because the longer a temporary order remains in effect unchallenged, the harder it becomes to get dismissed. With an attorney guiding you, you can effectively fight the order and protect your rights.

Why Choose Our Dallas Assault Defense Law Firm?

If you or a loved one is facing a restraining order, the experienced Dallas assault defense lawyers at my firm can help. Some key benefits of our firm include:

• Over # years successfully defending restraining order cases
• Former domestic violence prosecutors on staff
• Highly rated for client satisfaction and results
• Comprehensive investigation capabilities
• Effective and strategic courtroom advocacy

At our firm, we understand the devastating impact a restraining order can have, even before a hearing occurs. We have successfully fought orders based on false allegations and helped many clients avoid harsh penalties. With an aggressive defense of your rights, we aim to achieve the best possible outcome in your case.

Don’t wait – contact our Dallas assault defense lawyers today for a free consultation and case evaluation. We are committed to helping you through this difficult situation.