San Antonio Protective Order Defense Lawyers
Representing Those Accused of Violating Protective Orders
A protective order is a court directive that protects an individual who has been threatened or attacked by another, often a family or household member or a dating partner. The order restricts the alleged perpetrator from communicating with the protected individual and may contain other restrictions as well. Protective orders are issued when courts believe the person seeking protection may be in danger.
Violating a protective order in Texas can lead to serious consequences. This offense is charged as a misdemeanor but the court can order a range of punishments when a violation has occurred. Protective order violations can lead to arrest based only on the word of the protected individual or even from someone who says that a violation occurred.
These orders allow the State of Texas to press contempt of court charges against the principally named “attacker.” Protective order violations are often complicated and it is best to refer your case to one of our San Antonio protective order lawyer for effective legal representation.
Our Protective Order Lawyer Can Help
Being served with a protective order can be a distressing and overwhelming experience, carrying significant legal and personal implications. If you are facing a protective order in San Antonio, you need experienced and dedicated legal representation to defend your rights and protect your future. At Smith & Vinson Law Firm, our knowledgeable protective order defense lawyers are committed to providing aggressive and effective defense strategies to help you navigate this challenging situation.
Contact Smith & Vinson Law Firm for a free consultation with a protective order lawyer near you to discuss your legal options at (210) 960-9557.
Understanding Protective Orders in Texas
Protective orders, also known as restraining orders, are legal orders issued by a court to protect individuals from abuse, harassment, stalking, or threats. In Texas, there are several types of protective orders:
- Temporary Ex Parte Protective Order: Issued without the abuser present, providing immediate protection until a full hearing can be held.
- Final Protective Order: Issued after a court hearing with both parties present, lasting up to two years.
- Emergency Protective Order: Issued by a judge, often at the request of law enforcement, typically in situations involving arrest for family violence.
Testimony in a Texas Violation of Protective Order Case
Often the need for a protective order is questionable, based on oral evidence only. This evidence may consist of exaggerated claims and irresponsible testimony that overstates conflicts that did not result in verifiable personal harm. Unfortunately, it takes little evidence for a court to issue a protective order. Thus, when a claim that the order has been violated arises, the claim may also be based on the complaining party’s questionable or inflated version of events.
Courts are required to conduct a separate hearing concerning the issuance of such orders. Because of this, it is crucial that you have a criminal defense lawyer representing your side of the story no matter how serious the complaining party’s statements may sound. Your legal rights can be violated in the presence of hearsay. Plus, the complaining party may produce a corroborating witness to back up the claims when little physical evidence actually exists. An attorney can emphasize these facts when presenting your defense to the court.
The Punishments & Stigma of Protective Order Violations
In cases where the evidence is only oral, the court may issue a protective order as opposed to formally charging the aggressor. In cases where assault or battery has actually been proven and appropriate charges have been filed, these protective orders are common and necessary. They may lead to fines based on the criminal code classification of the offense as well as educational programs for the aggressor.
Where a protective order has been seriously violated – such as a verifiable physical attack against the protected party – the perpetrator may receive a jail sentence. Aside from these punishments, just being named as the aggressor in a protective order can have a negative impact on you.
In cases of orders based on minimal stress, minimal punishments and brief restrictions may result. In other cases, these orders can be maintained as long as two years where an inadvertent encounter with the protected person could technically be viewed as a violation. Because of these various issues, multiple court appearances may be required, all of which should not be attended without qualified legal representation.
Contact Smith & Vinson Law Firm for a free consultation with a protective order lawyer in Texas to discuss your legal options at (210) 960-9557.
Work with Our Protective Order Lawyer in San Antonio
It is crucial that you never attend a court date regarding a protective order violation in Texas without experienced legal support. These cases require professional attention even though the violation claims against you may be very general. Our San Antonio criminal defense attorneys have extensive knowledge and skill in courtroom proceedings. We can protect your legal rights and challenge the claims against you whether they are criminal or not. Invest in your character as well as your liberty with a strong defense.
Call Smith & Vinson Law Firm today at (210) 960-9557 to schedule your free initial consultation with a San Antonio protective order lawyer.
Texas Protective Order FAQ
What should I do if I am served with a protective order?
If you are served with a protective order, it is important to read the order carefully, comply with its terms, and contact an experienced attorney immediately. Avoid contacting the petitioner and gather any evidence that may support your defense.
Can I challenge a protective order in Texas?
Yes, you have the right to challenge a protective order. An experienced attorney can help you present evidence and argue your case to defend against the order.
What are common defenses against a protective order?
Common defenses include disputing the allegations of abuse or harassment, demonstrating lack of evidence, showing the petitioner's claims are false or exaggerated, and proving the protective order is not necessary for the petitioner's safety.
How long does a protective order last in Texas?
A temporary ex parte protective order lasts until the court hearing for the final protective order. A final protective order can last up to two years, but it can be extended under certain circumstances.
What are the consequences of violating a protective order in Texas?
Violating a protective order is a criminal offense and can result in arrest, fines, and jail time. The severity of the consequences depends on the nature of the violation and any previous violations.
Can a protective order be modified or terminated?
Yes, either party can request a modification or termination of a protective order. The court will hold a hearing to consider the request and make a decision based on the evidence presented.
How can an attorney help me defend against a protective order?
An San Antonio criminal defense attorney can help by evaluating the evidence against you, developing a strong defense strategy, representing you in court, and advocating for your rights and interests.
Do I need a protective order attorney to defend against a protective order?
While it is possible to represent yourself, having an experienced attorney can greatly improve your chances of successfully defending against a protective order. An attorney can provide valuable guidance and representation throughout the process.
How can Smith & Vinson Law Firm help with my protective order defense case?
At Smith & Vinson Law Firm, we offer expert legal assistance for defending against protective orders. Our San Antonio protective order attorneys will provide personalized legal strategies, thorough case preparation, and strong representation in court.
Contact Smith & Vinson Law Firm for a free consultation at (210) 960-9557.
Our Clients Are Our Biggest Endorsers
Hear What They Have to Say
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Attorney Brad Vinson was informative, professional yet sympathetic with his approach to my case. Mr. Vinson was open to opinion and ensured that all legal avenues were considered and addressed before presenting a course of action.- Michael
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Having no background in law and finding myself in a situation that left me feeling extremely vulnerable, I felt quickly at ease in their care. They were very reasonable with my situation and helped work around my needs by providing me with the most support- Andrew
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They handled my case incredibly well and warned me on the possible negative outcomes, overall completely satisfied me through the whole process.- Elmer Marqueiz
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Very professional, on time and educates you along the whole process. I had a lot to lose and you guys gave it all back to me and finally represented what true Justice is here in America.- Manuel R.
A Proven Track Record
Check Out Our Recent Case Results
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No Charges Filed Sexual Assault Investigation
Our client was a UT student who was accused of sexual assault. He came to our firm extremely scared about his future both with the university and within the criminal justice system. With our firm's help, he was able to show that his accuser was not credible. Smith and Vinson put together a defense that law enforcement recognized as credible evidence of his innocence and not to file charges which changed the course of our client's life.
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Cases Dismissed Aggravated Assault with a Deadly Weapon and Misdemeanor Assault with Bodily Injury
Our client was accused of attacking another man on two separate occasions, once with his hands and once with a knife in our client’s home. Our client had told the man to stay away from his family because the man had made romantic advances toward his wife, but the man persisted.
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Dismissed Theft
Our client was allegedly caught shoplifting at an HEB. She had no prior arrest history, so we worked with her on proactively taking classes, which were used to her advantage during our negotiations. The client accepted a deferred adjudication on the shoplifting offense, which was ultimately dismissed.
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Dismissed Assault with a Deadly Weapon
Our client, a retired Marine, was out with some friends one night when he got into a fight at a gas station. He allegedly pulled out a knife and left the scene. Moments later, law enforcement pulled him over. He was charged with misdemeanor DWI, felony Assault with a Deadly Weapon, and two counts of felony Terroristic Threat.
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Dismissed Possession of Controlled Substance
Our client picked up a prostitute and was later pulled over for failing to signal. The police let the woman go, but found cocaine in the car on the passenger side and charged our client with possession of a controlled substance.