Houston Protective Order Lawyer
Farias Law Firm in Houston, Texas, provides compassionate and steadfast legal support in family law matters, especially regarding protective orders. Whether you’re seeking protection through a protective order or need help with related child custody or support concerns, our Houston protective order lawyers offer experienced advocacy that puts your well-being first.
Call Farias Law Firm today at (713) 226-7999 to speak with someone who can help protect you and your family.
Why Choose Farias Law Firm?
When you need legal protection, you deserve a firm that:
- Prioritizes your individual needs through a tailored, compassionate strategy
- Communicates clearly in English and Spanish, without needing translators
- Focuses on negotiation and mediation, but can confidently take your case to court if needed
- Is experienced in family law, protective orders, child custody, and support matters
Protective orders are powerful tools, but they must be appropriately used to safeguard your safety and family. At Farias Law Firm, our Houston protective order lawyers are committed to delivering your protection with clarity, care, and unwavering advocacy.
Understanding Protective Orders in Texas
Protective orders are court-issued injunctions designed to shield individuals from domestic violence, sexual assault, or imminent serious bodily harm. They serve to prevent further harm by legally prohibiting certain behaviors and contact. It’s critical for both victims and those subject to protective orders to understand their scope and impact.
Types of Protective Orders in Houston
Texas law recognizes several types of protective orders, each serving specific situations:
Temporary Ex Parte Protective Orders
Issued by a judge when immediate protection is necessary, it is often granted without the presence of the alleged abuser.
Final Protective Orders
Issued after a formal court hearing where both parties present their cases. These usually last up to two years but may be extended under certain conditions.
Magistrate’s Emergency Protective Orders (EPOs)
Often issued after an arrest for crimes like domestic violence or sexual assault. These provide immediate, short-term protection.
Specialized orders exist for family violence and sexual assault, addressing distinct forms of harm and tailored legal situations.
Who Can Apply and How It Works
If you’re a victim of family violence, sexual assault, or face imminent serious harm, you can apply for a protective order. You may be a household member or in a sexual relationship with the alleged abuser.
Depending on jurisdiction, applications are filed with the District Clerk’s Office. When a divorce or custody case is pending, the forms are filed either in the county handling that case or in the county where the applicant resides.
You will need to include detailed evidence, such as police reports or documentation, to support your case.
Steps in Obtaining a Protective Order
The protective order process involves several key steps:
Application
You or your Houston protective order attorney will complete and file a detailed application with evidentiary support either in person or electronically, depending on local court rules.
Review and Issuance of Temporary Order
A judge evaluates whether immediate protection is warranted and may issue a Temporary Ex Parte Order, which remains in effect until the final hearing.
Service on the Respondent
The alleged abuser must be formally served with the order and notice of the final hearing, usually by law enforcement or a process server.
Final Hearing
Both parties appear before the judge, who hears testimony and reviews evidence. If the need for protection is confirmed, the judge issues a Final Protective Order.
The Role of an Attorney in Protective Order Matters
Navigating protective order procedures can be daunting and emotionally difficult. At Farias Law Firm, we emphasize negotiation and mediation first, and are prepared to take your case to court when needed.
Our Houston protective order attorneys assist you by:
- Crafting a clear and compelling application
- Helping you gather and present evidence
- Preparing you for hearings
- Advocating effectively for your safety and rights, particularly when children are involved.
Consequences of Violating a Protective Order
Violating a protective order is serious. It’s treated as contempt of court and may result in criminal charges, fines, and potential jail time. Targeted protective orders help ensure personal safety. If a violation occurs, it’s imperative to contact law enforcement immediately.
Protective Orders vs. Restraining Orders
Although often used interchangeably, protective and restraining orders differ:
- Restraining Orders are civil in nature, typically used in family law disputes such as divorce or custody.
- Protective Orders are issued in more serious circumstances, often involving criminal behavior, domestic violence, or assault, and they carry potentially harsher legal consequences.
Child Custody and Support Implications
Protective orders can significantly affect child custody arrangements and support. If the court finds a threat to a child’s safety, it may issue temporary custody and child support orders, ensuring that your child’s needs are met during this period.
These orders are temporary and may be modified at the final hearing or later proceedings. Guiding you through these complex intersections of protective orders and family law is a key part of what we do.
Frequently Asked Questions (FAQs)
What’s the difference between a Temporary (interim) Protective Order and a Final Protective Order?
- Temporary (Interim): Issued immediately for protection when imminent danger is present.
- Final: Issued after a full hearing with both parties present, and it may last up to two years or longer.
How might a protective order affect the rights of the person against whom it is issued?
It can restrict their movements, contact with others (including children), and firearm possession. Violations may lead to severe legal consequences.
Can protective orders be modified or dissolved?
Yes. Either party may file a motion for modification or dissolution—but the court must determine that doing so is in the protected person’s best interests.
Do protective orders extend to other household members?
Yes. They can cover other people in the household, such as children or roommates, if those individuals face immediate danger.
What if the court is closed when I need protection?
Contact a magistrate for an Emergency Protective Order (EPO). These can be issued after an arrest related to domestic violence, assault, or similar severe circumstances, offering immediate protection until a longer-term order can be filed.
Contact Farias Law Firm And Protect Yourself Today
When safety is at stake, don’t wait. To protect yourself or your loved ones, call 713-226-7999 now, or contact us online to speak with one of our experienced Houston protective order lawyers.