Protective Orders

San Antonio, Texas, Protective Order Attorney

Although getting a restraining order is a relatively simple process, it does involve some effort on your part. Regardless of your relationship with the person (whether you are a former spouse, girlfriend/boyfriend, co-worker or family member), you can file an affidavit at the local courthouse alleging an individual is threatening you and request a temporary restraining order. That order, if issued, will be put in place immediately, and then a hearing will be held within 10 days to determine if a long-term or even permanent protective order is necessary. At the Law Offices of Bill Baskette, I represent clients in protective order hearings and in cases involving violations of a restraining order. As a former family law judge and a former prosecutor, I understand the importance of enforcing restraining orders and the importance of fighting them when they are based on false accusations.

Regardless of whether you need to request a restraining order are facing one based on false accusations, I can help. To schedule a free consultation to discuss your case, contact Texas protective order lawyer Bill Baskette today.

Once a Restraining Order is Issued

If a long-term or permanent restraining order is issued, the person against whom it is in effect must comply with the following:

• Vacate the premises of a house or apartment shared with the person who filed the restraining order
• Relinquish ownership of any firearms
• Avoid all telephone, mail, or e-mail contact with the person who filed the restraining order
• Avoid contact with the children or relatives of the person who filed the restraining order
• Continue to pay child support and spousal maintenance as part of a divorce settlement
• Visitation and conservatorship rights may be relinquished or curtailed if the custodial parent of your children issued the restraining order against you.

The Protective Order Hearing - What's Involved

After an affidavit is filed, a hearing will be set 10 days later to determine how long a restraining order should remain in effect. During this hearing, eyewitness testimony can be introduced, as well as other evidence. As your attorney, I prepare evidence and documentation in support of having the order extended. When requesting continuation of a temporary restraining order, I point to patterns of behavior, threats, domestic disturbance calls (or other police involvement) and any additional information that would help the judge find that a long-term restraining order is in your best interests.

I can also help if you are actually facing distorted or false accusations of verbal or physical abuse that has resulted in a restraining order against you. I can help make your case for having the order dropped, pointing to a lack of substantial evidence, unreliable eyewitness testimony, and personal disputes that may introduce an ulterior motive (such as an ongoing divorce or custody battle).

Protective Orders Must be Taken Seriously

The provisions of a protective order enacted against you can cause substantial disruption to your life. If you violated these terms, you may face jail time, a permanent criminal record and electronic monitoring. While protective orders are not a fool-proof solution for all problems, they can provide a level of protection for you and your children when space and distance is needed.

Regardless of whether you're interested in a protective order in relation to a family law matter or need a criminal defense attorney to fight one, I have the experience and knowledge needed to help you. To discuss your case during a Free Email Consultation, contact family law and criminal defense attorney Bill Baskette today.