When parties to a divorce visit my Round Rock law office, it is often to obtain a Williamson County protective order against the other party. To obtain a finalized protective order, the court must find that family violence has occurred and is likely to occur again in the future.
Seeking A Protective Order
Frequently, when people seek a protective order, they are fearful for their immediate safety and physical well-being. Parties going through a divorce or child custody fight fear the unknown response from their soon-to-be ex-spouse or romantic partner. Although some have never experienced previous family violence, they want the law to provide protection. Yet, a protective order is not the proper remedy in cases where there hasn’t been previous family violence. The court must find that family violence has occurred.
However, if you or your children have been the victims of family violence, physical abuse and/or sexual abuse, a protective order is the proper legal remedy. You have two options. You can get a Williamson County protective order by either going through the Williamson County attorney or by hiring a private lawyer.
If You’re Accused Of Family Violence
If you have been accused of family violence and are the defendant against a protective order, seek an experienced family law, criminal, divorce or child custody lawyer. A protective order is a quasi-criminal process. This means elements of a protective order are rooted in criminal law, and the protective order will be on your record. If a final protective order is issued, you will not be able to possess a firearm. Since protective order statutes can be fairly complicated to understand, your lawyer should be experienced in both criminal and family law. Often, there are issues that can be criminal and/or family-related in nature.
Ex Parte Vs. Final Protective Orders
For instance, when a party obtains an ex parte protective order, subsequent temporary orders on a child custody case are entered into regarding the party’s children. If the orders conflict with each other, which order controls? The answer is found in Chapter 5 of the Texas Family Code. The ex parte protective order controls it while it is in existence.
What is the difference between an ex parte protective order and a final protective order? An ex parte order is an emergency order obtained when only one party is present before the judge. It will generally expire after a certain number of days. The final protective order will last for a number of years, depending on the allegations in the application for a protective order.
Do You Need More Information About A Williamson County Protective Order?
If you have a protective order currently filed against you or have an application for a protective order, seek the advice of an experienced lawyer practicing in that area. If you have any questions about protective orders, please call me at The Law Office of Clifford Alan Swayze, located in Round Rock, Texas, at 512-920-5080.