Protective Order Defense Lawyer in El Paso

What Is Protective Order Defense Lawyer?

A protective order (also called a restraining order) is a court order that prohibits a person from contacting, threatening, or going near another person. In Texas, protective orders are commonly issued in family violence cases. There are several types: emergency protective orders (issued immediately after an arrest), temporary ex parte protective orders (issued without a hearing), and final protective orders (issued after a hearing). Violating a protective order is a Class A misdemeanor for a first offense and a third-degree felony for subsequent violations or violations involving certain aggravating factors.

Penalties in Texas — What You Are Facing

Violating a protective order in Texas is a Class A misdemeanor for a first offense, carrying up to one year in county jail and fines up to $4,000. A second violation or a violation involving certain aggravating factors (such as committing assault while violating the order) is a third-degree felony, carrying 2 to 10 years in state prison. Beyond the criminal penalties, a protective order violation can affect child custody proceedings, immigration status, and your ability to maintain employment throughout El Paso.

The Legal Process in El Paso, Texas

Protective order cases in Texas involve two separate proceedings: the civil protective order proceeding (where the order is issued or contested) and, if you are accused of violating the order, a criminal proceeding. An attorney can represent you in both proceedings. In the civil proceeding, an attorney can challenge the basis for the protective order and present evidence that the order is not warranted. In the criminal proceeding, an attorney can challenge the evidence that you violated the order.

Defense Strategies That Work in El Paso Courts

Effective protective order defense strategies include: challenging the basis for the protective order in the civil proceeding; presenting evidence that the alleged violation did not occur; challenging the sufficiency of the evidence of a violation; presenting evidence that the alleged victim consented to contact; and negotiating for modification of the protective order to allow necessary contact (such as for child custody exchanges).

Frequently Asked Questions About Protective Order Defense Lawyer in El Paso