San Antonio Protective Order Lawyer

Protecting San Antonio Families 

Unfortunately, divorce and other areas of family law can involve tense or even dangerous situations. If you are concerned about your safety or the safety of your children, it is essential to secure the protection you need. The police can offer immediate assistance in dangerous situations, but court orders provide additional protection against stalking, violence, and more. Protective and restraining orders are available through the court system and can establish enforceable regulations when necessary.

If you believe your situation requires a court order, contact our San Antonio protective order attorney as soon as possible.

What's the Difference Between Protective Orders & Restraining Orders in Texas?

In some cases, filing for divorce may be the catalyst for unsafe situations, placing one spouse in jeopardy. Depending on the county where you file for divorce, a restraining order may be automatically issued upon filing. A restraining order can prevent someone from incurring debts, excessively spending community assets, or engaging in other prohibited conduct. A temporary restraining order (TRO) is detailed under Texas Rules of Civil Procedure Rule 680 and Texas Family Code § 150.001. It can last up to 14 days, after which a judge may choose to extend it for an additional 14 days.

While both protective orders and restraining orders provide legal safeguards, their purposes and enforcement differ significantly under Texas law. Protective orders are designed specifically to shield individuals and families from risks such as family violence, harassment, or stalking, with penalties for violation that can include criminal charges. In contrast, restraining orders are more commonly used to preserve property and maintain the status quo during a divorce or other legal dispute. They are civil orders rather than criminal, meaning enforcement typically involves returning to court rather than immediate arrest by law enforcement.

In San Antonio, victims of family violence seeking protection should understand that a protective order offers stronger support and can require an abuser to stay away from specific locations, including your home, workplace, or your children’s school. Our domestic violence lawyers in San Antonio help clients determine which type of order aligns with their circumstances and guide them through each step to ensure the court takes appropriate action. Reach out to a domestic violence attorney San Antonio families rely on to help you navigate this complex legal process.

Protective orders can be used in family law cases for the following:

• Preventing contact
• Establish visitation
• Establish spousal support
• Set child support
• Requiring a spouse to attend counseling
• Requiring a spouse leave a marital residence
• Restricting transfer of property

How Long Does a Final Protective Order Last in San Antonio?

The state of Texas offers three separate types of protective orders. The final order, also known as the permanent order, is issued by a civil court upon application. These orders generally last approximately two years, ending on the second anniversary of the date the order was issued.

If you need the judge to extend the duration of the order, one of the following must have occurred:

• The abuser committed an act that would be considered a felony against you or a household member, even if the abuser was never charged or convicted.
• The abuser caused a serious bodily injury to you or a household member.
• The same petitioner had two or more protective orders issued against the abuser, and in each prior case, the judge found that the abuser committed family violence and was likely to do so again.

It’s important to recognize that while a “final” protective order typically lasts for two years, the court holds discretion to extend the order’s term if there is sufficient cause. 

Frequently Asked Questions 

How Soon After Filing a Petition Can I Receive Protection?

In urgent situations, the Bexar County courts recognize the need for rapid intervention. Once a petition for a protective order is filed, the court may issue a temporary ex parte order within one to two business days to provide immediate relief. This order is based on the evidence and statements provided in your filing and is valid until a full hearing can be scheduled—typically within 14 days. The prompt response from the San Antonio legal system reflects a commitment to victim safety. 

Our firm assists with preparing a compelling initial application, anticipating the documentation judges will require so that you can take swift action when needed. We also track your hearing dates and ensure continuity between temporary and final orders when ongoing protection is necessary.

Can a Protective Order Affect Child Custody or Visitation in San Antonio?

Protective orders have a significant impact on child custody and visitation decisions in San Antonio. Once a court finds that family violence has occurred, it may restrict an alleged abuser’s access to children, order supervised visitation, or, in severe cases, suspend visitation altogether. 

The judge’s primary concern is the child’s safety and well-being, and Texas law provides strong protections for children exposed to domestic violence. If you are concerned about custody or visitation in the context of a protective order, our lawyers in San Antonio help present the relevant evidence and advocate for arrangements that reflect the child’s best interests. We prioritize clear communication with the court, and our recommendations are always tailored to the unique facts and risks present in each family situation. 

Why Hire The Law Office of Rebecca J. Carrillo?

At The Law Office of Rebecca J. Carrillo, we understand that family law matters can be emotionally challenging and legally complex. Our team of experienced attorneys is dedicated to providing compassionate and effective legal representation for a wide range of family law issues in San Antonio, TX.

When you choose our firm, you can expect:

• Personalized attention: We take the time to understand your unique situation and goals, providing tailored legal solutions.
• Strong advocacy: Our attorneys are skilled negotiators and litigators, fighting for your rights and best interests.
• Compassionate guidance: We offer support and guidance throughout the legal process, helping you navigate the challenges with empathy.
• Clear communication: We believe in open and honest communication, keeping you informed and involved every step of the way.

Whether you are going through a divorce, seeking custody of your children, or need assistance with any other family law matter, we are here to help.