Have you been served with a restraining order in Dallas, Texas? Texas Defense Firm can help when you call at (469) 772-9509. An experienced Dallas restraining order lawyer from our team can explain your rights, guide you through the process, and fight to protect your freedom and reputation.
Protective orders can affect your family, your home, and your daily life, making it important to get legal guidance quickly. If you need answers or want a professional to evaluate your situation, our team is ready. Call today to speak with a member of our team.
Why Hire Texas Defense Firm if You’re Facing a Restraining Order?
Facing a restraining order in Dallas, TX, is overwhelming, and the decisions you make right now can shape your entire future. With Texas Defense Firm, you get advocates who are deeply familiar with Texas courts and the kind of challenges these cases bring.
Clients turn to us for many reasons, including:
- Our attorneys bring a combined 200+ years of experience to every restraining order case they handle, so you don’t have to face these complicated and emotional legal proceedings on your own.
- We were named Best Law Firm in McKinney.
- We pick up the phone 24/7, so if your emergency comes after hours, you’re not facing questions or police alone.
- We speak English and Spanish, giving every client the understanding they need.
- We handle state and federal charges, so no matter how difficult your situation is, we can help.
Restraining orders in Dallas, Texas, can be confusing, but you don’t have to deal with them alone. Contact Texas Defense Firm to schedule a confidential consultation with a Dallas criminal defense attorney.
Overview of Restraining Orders in Texas
Protective orders in Texas are legal tools used to keep individuals safe from ongoing abuse, harassment, or violence. When granted by a court, a protective order restricts the actions of someone who has threatened, harmed, or stalked another person.
This is not limited to family violence but also extends to situations involving sexual assault, stalking, human trafficking, or certain types of home burglaries. A judge can use a PO to order an abuser to:
- Stop any form of harm, threats, or harassment against the victim or the victim’s children
- Stay away from the victim’s home, work, child’s school, or daycare
- Surrender any firearms in their possession, regardless of permits or licenses
- Stop any tracking or electronic monitoring of the victim’s location or property
Courts can also include other rules, like separating shared cell phone accounts, assigning payment for child or medical support, establishing visitation limits, requiring anger management classes, random drug testing, substance abuse treatment, or issuing a kick-out order that forces the abuser to leave the shared residence.
Types of Protective Orders in Texas
The types of protective orders issued in Texas can include:
- Family violence protective order: This type protects victims dealing with abuse at the hands of a family member, household member, intimate partner, or someone they are dating. It requires proof of acts classified as family violence, and the order usually lasts up to two years, though in some cases, it can be longer.
- Stalking protective order: These are for those who have been harmed by repeated, unwanted attention or threats from another person, even in the absence of a personal relationship. Evidence of stalking is needed, and these orders can be issued for life.
- Sexual assault protective order: Victims of sexual assault or abuse – adults or children – may apply for this type of protective order. As long as proof is demonstrated, these protective orders may also remain in place for life.
- Human trafficking protective order: This protects victims exploited for labor or sex under illegal trafficking operations. With appropriate proof, survivors are qualified for a lifelong order ensuring their safety from a trafficker.
If you’re dealing with any of these protective orders as a defendant and have questions about what to expect, we can help you navigate the situation.
What Are the Penalties for Violating Restraining Orders in Dallas, Texas?
Penalties for violating a restraining order in Dallas, Texas, can be quite serious and will depend on the circumstances of the violation and whether you have any prior violations or related criminal conduct.
Penalties might be as follows, depending on how you are charged:
- Class A misdemeanor: Most first-time or less serious restraining order violations are handled as a Class A misdemeanor. This can result in up to 1 year in the county jail and carry a fine of up to $4,000. These charges can apply for ignoring distance requirements, showing up uninvited, or making prohibited contact.
- State jail felony: If the restraining order protects victims of sexual abuse, sexual assault, crimes involving children, or stalking, and the order is then violated, the offense is elevated to a state jail felony. A conviction can bring between 180 days and 2 years in jail and up to $10,000 in fines.
- Third-degree felony: For those with prior violations or if the restraining order violation included a new assault or new stalking behavior, it can be prosecuted as a third-degree felony. Penalties range from 2 to 10 years in state prison, with potential fines reaching $10,000.
These penalties can create a lasting impact, so it’s vital to speak with a lawyer immediately if you’re accused of violating a restraining order in Texas.
What Defenses Can Be Raised if I’m Arrested for Violating a Restraining Order?
If you’ve been arrested for violating a restraining order in Dallas, it’s important to know you aren’t without options. Several defenses may apply, depending on the facts of your case and how the alleged violation occurred.
Possible defenses include:
- Lack of intent or knowledge: It isn’t enough for prosecutors to show you were in the wrong place at the wrong time. They must prove you intended to violate the terms of the order, or that you knew about all its restrictions. If you didn’t willfully disregard the court’s instructions, your lawyer can make a strong argument in your favor.
- False allegations: Law enforcement responds quickly to any claims of a violation, but not all accusations are accurate. If there are inconsistencies in the accusing party’s statements, a good defense attorney will highlight those gaps for the judge.
- Lack of evidence: Prosecutors must provide clear proof that you actually broke the order – just suspicion or assumptions are not enough. Sometimes, evidence like phone records, GPS information, store receipts, or eyewitness accounts can prove you were never near or didn’t try to contact the protected person in a way that violates the order.
- Valid purpose for the contact: In specific situations (like court-approved custody exchanges or medical emergencies involving children), brief or necessary interactions may fall within an exception agreed to by the court. Documentation showing legitimate, nonthreatening contact that occurred only with a clear legal purpose can help with your defense.
- Mistaken identity: Sometimes, witnesses or the protected person misidentify someone, especially if it happened in a crowded area, during poor lighting, or from a distance. If you have proof you were somewhere else during the incident, your attorney can use that evidence to show police and the court they have the wrong person.
Fighting a restraining order violation alone is tough and can lead to more penalties if not handled properly. A knowledgeable Dallas lawyer will examine all the circumstances and help you put forward a strong defense.
Dealing with a restraining order in Dallas, Texas, can be incredibly overwhelming for defendants, as they can cause serious difficulties in so many aspects of life. The consequences of even a temporary order, like losing access to your home, child custody changes, or damage to your reputation, can last far beyond the initial hearing.
Our team at Texas Defense Firm knows how to review the details of your case, spot problems in the petition, and bring out evidence that allows you to fight back if you’re accused of violating the order. With decades of experience, we can help you in even the most complicated situations. Contact us today to schedule a confidential consultation with a Dallas restraining order lawyer.
Visit Our Criminal Defense Law Firm in Dallas, TX
Texas Defense Firm Dallas
4100 Alpha Rd suite 476, Dallas, TX 75244
(469) 772-9509