Accomplished Texas Lawyer and Former Judge Working with You and Protective Orders
Making the restraining order process simple in San Antonio and beyondIn Texas, we have two kinds of emergency orders: protective orders and restraining orders. Many people — even other attorneys — think they’re the same thing. This isn’t true. Protective orders are tougher than restraining orders and have far more reach. Protective orders protect the safety and emotional well-being of people who suffer from violence (usually family violence). If you violate a protective order, you may be arrested or charged with contempt. Restraining orders tell people how to behave during an ongoing court case, such as a divorce or for domestic violence. Typically, they prevent the subject from doing things like emptying bank accounts, driving a specific car, confiscating mail and other actions. Unlike protective orders, the police can’t enforce a restraining order — you have to bring it to the court’s attention.
Obtaining a restraining order or a protective orderFor more than 30 years as a criminal defense attorney, I’ve often dealt with people seeking restraining orders to protect their rights. The process is straightforward, but it involves some work on your part. If you need a restraining order, you ask the local courthouse for a temporary restraining order (TRO). If the court gives you a TRO, the order is immediately active and a hearing is scheduled to see if a long-term or permanent restraining order or protection order should be put in place. At the Law Office of Bill Baskette, I use my experience as a former judge and prosecutor to represent you in hearings for long-term and permanent restraining orders and protective orders. As a former family law judge and prosecutor, I know the importance of enforcing restraining orders, and I know how to fight them when they’re based on false accusations. At the hearing, two things might happen depending on why I’m representing you.
- If you’re the victim of abuse and you’re asking for a restraining or protective order, I prepare the evidence to support extending the restraining order or issuing a protective order. I point to patterns of behavior, such as threats and domestic disputes, to encourage the judge to decide in your favor.
- I can also help if distorted or false accusations of abuse have resulted in a restraining order against you. I help make your case for having the order dropped, pointing to a lack of evidence, unreliable eyewitness testimony, and personal disputes that may introduce an ulterior motive (such as an ongoing divorce or custody battle).
What happens after a restraining or protective order is issued?If an order is issued, the person subject to it must follow the terms. Violating a protective order can lead to arrest. You might have to do any or all of the following if you’re subject to a protective order or restraining order: