Dallas Restraining Order Lawyer
What You Should Know About Texas Protective Orders
Restraining orders (called protective orders in Texas) help protect victims of abuse from their abusers. If you've received a protective order against you but believe the order is unwarranted or falsified, it's crucial you understand how restraining orders work so you can protect yourself.
If you're involved in a case where a protective order is issued, you should contact a Dallas restraining order attorney immediately. At Garcia-Windsor, P.C., our protective order attorney can help you understand how protective orders work and work with you to navigate your case.
Involved in a case where a restraining order was issued? For a consultation, fill out our online contact form, or give us a call at (214) 972-3025.
How Are Protective Orders Issued in Texas?
To issue a protective order, the plaintiff (the individual issuing the order) must follow a series of steps:
- The plaintiff must meet the following requirements:
- they must be hurt or threatened by the individual they wish to issue the order against,
- they must be afraid that person will hurt them again, and
- they must have a close relationship with the person who hurt them. Note—this requirement doesn't apply in situations where the plaintiff is sexually assaulted or stalked.
- If the plaintiff meets these requirements, they can fill out an application for a protective order at their local court. These documents must be filed with the court. Under certain circumstances, the plaintiff may receive a "Temporary Ex Parte Protective Order," which acts as a protective order until the case can actually be resolved in court.
- Once the protective order is filed, the person receiving the protective order (the defendant) will be served with the protective order by a third party, often a county sheriff or an employee of a process serving firm hired by the plaintiff's attorney.
- The plaintiff and defendant will meet in court, and a judge will determine whether the restraining order is valid and should be upheld, or should be dismissed.
- If the judge chooses to issue the protective order, the defendant will have to take steps to comply with the order, such as moving out of a house they share with the plaintiff, maintaining a certain distance from the plaintiff, and cutting off contact with the plaintiff.
- If the defendant violates any of the stipulations set forth in the protective order, they may be found in violation of their restraining order and receive harsher penalties, such as fines or prison sentence.
It's important to note that, even though protective orders are technically civil orders, they will show up on your criminal record and as such may appear on background checks.
At Garcia-Windsor, P.C., our team has over 80 years of combined experience dealing with a variety of cases, including protective orders.
To learn more about obtaining a restraining order in Texas, schedule your consultation by contacting us online or calling (214) 972-3025.
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We can't say enough how wonderful, professional, hard working Isabela and Pooja were and are on our case!! They were ABSOLUTELY AMAZING IN COURT TO WATCH! WE ARE SO PLEASED AND BLESSED TO HAVE SUCH GREAT WARRIORS REPRESENTING US! They truly have our concerns as priority! Thank you Isabela and Pooja!!!- Rhonda and Al
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This firm not only offers great customer service but actually cares about their clients. Very happy with the services provided.- Jasmine
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Isabella, Debbie and her team helped us get our daughter , we wanted full custody and we fought hard . this is the second time we have used her services in family matters and she has not disappointed us, Isabella answered our calls right away as well as her staff. they were very informative and led the way during court. we are fully thankful and glad we found her.- Anon
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I have hired Isabela Garcia to help me with a protective order and custody of my son, Isabela has done an amazing job in fighting this hard cause of mine and has succesfully help me get a 2yr protective order by the courts. I saw Isabela through the proccess of many court hearings but never did she give up and came through to what she said she would to and always kept a sense of confidence about herself that made me feel optimistic about the final outcome. I am so happy with the services that have been provided from the Garcia Windsor Attorney's office. I highly rcommend Isabela to anyone who needs an excellent and tough attorney who definitely knows what she is doing.- Lizabeth
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Very professional and informative, highly recommend.- Bernice
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“Her clients are lucky to have such a strong advocate on their side!”- Charmaine