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Protecting What Matters Most

Protective Orders & Restraining Orders

San Antonio Domestic Violence Attorneys Protecting Your Family

Unfortunately, divorce and other areas of family law can involve tense or even dangerous situations. If you are worried about your safety or the safety of your children, it is important that you get the protection you need. The police can be the first step to get out of an immediately dangerous situation, but court orders can provide another means of protection against stalking, violence, and more. Protective and restraining orders are available through the court system and these can set regulations that are enforceable if necessary. If you are in a situation you believe requires a court order, contact a San Antonio domestic violence attorney as soon as possible.

Understanding Protective Orders

In some cases, filing for divorce may be the triggering event for one spouse, and this can put the other in an unsafe position. Depending on the county that you are filing for divorce in, there may be a restraining order that is automatically issued once you file. A restraining order can be used to keep someone from incurring debts, spending community assets excessively, or other specified types of conduct. A temporary restraining order (TRO) is specified 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.

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?

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

If you need the judge to extend the duration of the order, then the following must have taken place:

  • The abuser has 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 member of your household.
  • The same petitioner had two or more protective orders filed against the abuser and in each of those prior cases, the judge found that the abuser committed family violence and was likely to do it again.

What Are Your Rights?

Protective orders can be valuable in situations where you are concerned for your safety. In order to get awarded a protective order from the court, you will need to show sufficient evidence for the court to grant one, such as photographs, medical records, or witness accounts. Our domestic violence lawyers in San Antonio can help you to make a solid case.

If you are concerned for your safety or the safety of your children, contact us online or call The Law Office of Rebecca J. Carrillo at (210) 405-6623 and we will speak with you about your options and rights.

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