When there’s been an allegation of domestic violence in Central Texas, a protective order hearing frequently follows. The alleged victim will seek a protective order, also knowing as a restraining order or order of protection, seeking to restrict actions by the accused.
A protective order can have a severe impact on your life and keep you from having access to your home and your family. Like domestic violence charges, they can be based on false allegations and exaggerated claims. Unlike domestic violence charges, they do not require proof beyond a reasonable doubt.
Georgetown Protective Order Hearing Lawyer
If you face proceedings for a protective order in Williamson County or Bell County, Georgetown domestic violence attorneys Michael J. Price can represent you—both in the hearing and against any connected domestic violence charges.
During a domestic violence matter, those closest to you may turn against you. Our lawyers will be on your side and will fight to expose false allegations and exaggerated claims. Call Price & Twine, PLLC today at (512) 354-1880.
Michael J. Price is based in Georgetown and represents clients in Round Rock, Cedar Park, Leander, Taylor, Hutto, Killeen, Temple, Belton, Harker Heights and throughout Williamson and Bell Counties.
Protective Order Hearing Terms in Texas
Chapter 71 of the Texas Family Code lays out definitions for protective order hearing terms:
- Petitioner: The petitioner is the person seeking the order, who files the application and claims he or she is a victim of domestic violence or is filing the application on behalf of the victim.
- Respondent: This is the person the protective order is being sought against.
- Family Violence: An intentional alleged act by one family member against another intended to cause bodily harm.
- Protective Order: A protective order is an order from the court that prohibits the respondent from engaging in certain acts, or requires the respondent to perform certain acts. Also known a restraining order.
- Injunction: A court order prohibition against a specific act. Several injunctions may be contained in one protective order.
Protective Order Process in Williamson County
The petitioner files an application for a protective order against the respondent. The court will examine the allegations in the application and may determine to grant a temporary order immediately without the respondent’s input, effective for up to 20 days.
No later than 14 days after the application has been filed, the court will schedule a final protective order hearing. The court sends notice of the hearing and a copy of the application to the respondent. At the final hearing, the respondent’s Georgetown domestic violence lawyer can present evidence why the protective order should be denied.
If the court determines by preponderance of evidence, or more likely than not, that domestic violence occurred, it may issue the protective order. The protective order may include several injunctions, including injunctions that:
- Split community property and award all or some possession of the property to the petitioner,
- Give the petitioner exclusive possession of the residence,
- Prohibit the respondent from entering the residence.
- Prohibit the respondent from communicating with the petitioner,
- Award custody of children,
- Prohibit the respondent from selling property,
- Prohibit the respondent from going to a child’s school or daycare,
- Prohibit the respondent from possessing a firearm,
- Prohibit the respondent from removing a pet from the petitioner’s possession.
Any violation of the protective order may result in a Class A misdemeanor charge, punishable by a year in jail and a fine up to $4,000. If the respondent has two or more violation convictions or commits assault or stalking, the charges may be a third-degree felony, punishable by two to 10 years in prison and a fine up to $10,000.
Price & Twine, PLLC | Round Rock Restraining Order Attorney
If you’ve been accused of domestic violence and face a protective order hearing in Williamson County or Bell County, Georgetown criminal defense lawyer Michael J. Price can represent you. Call Price & Twine, PLLC today at (512) 354-1880.