Houston Protective Order Lawyer
Fighting Back Against Claims of Violence
If your family or household member claims that you have caused or threatened to cause them harm and will likely do so again in the future, they may ask a court to issue a family violence protective order against you. This legal mechanism, if granted, would place various restrictions on you, which could make it hard for you to live your life as you once did. Before a judge decides whether or not to approve the applicant's request, they will listen to both sides of the story. You must attend a hearing to challenge the claims made against you. Having a lawyer on your side during the process can help with presenting a compelling case.
At The Law Offices of Jed Silverman, we understand that being served with protective order documents can be frustrating and stressful. You might not know what you need to do to rectify the situation. Our Houston protective order defense attorney will explain the process and gather information necessary to develop a persuasive legal strategy and fight the allegations. We have extensive experience working in the criminal justice system, and we will stand up for you to protect your rights.
Get started with your defense by calling our Houston protective order defense lawyers at (713) 597-2221 today.
How Does Someone Get a Protective Order Against Me?
In many cases, the process of getting a protective order begins with an alleged domestic violence offense. The alleged victim, or a witness, will call the police to report the incident. After the officers arrive on scene and look further into the matter, they may or may not file the case immediately.
In the interim, the Assistant District Attorney (ADA) handling the case may ask the alleged victim if they want to pursue a 2-year family violence protective order. If they're going to move forward with this legal process, the alleged victim or the ADA will submit a petition. The declaration or affidavit that the applicant files will contain details about the alleged harm or threatened harm committed against them
You will then be served with a copy of the petition and scheduled for a hearing.
What Happens at a Hearing for a Protective Order?
During the protective order hearing, both you and the alleged victim will present your sides of the story to a judge. You may bring evidence to support your assertions. The judge may ask you questions, and you may also have to answer questions from the alleged victim's attorney.
Because this part of the process determines whether or not the order will be granted, it's important to be ready. At The Law Offices of Jed Silverman, our Houston protective order lawyer can help prepare for your hearing.
What Conditions Will Be Part of a Protective Order?
When an alleged victim submits a petition, they will include the types of protections they are seeking. Every case is unique. The conditions that may be placed upon you if a judge grants a protective order request may be different than the requirements someone else might face.
A few examples of protective order prohibitions include:
- Committing any further acts of family violence
- Contacting the alleged victim
- Going to the alleged victim's residence or work
- Possessing a firearm
- Harming the alleged victim's pet
- Returning to a home shared with the alleged victim
You could also be ordered to attend a battering intervention and prevention program or counseling.
Contact The Law Offices of Jed Silverman
If you've been served with a family violence protective order petition, reach out to our award-winning team to discuss your case. We'll evaluate your circumstances and provide sound advice for building your defense.
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