What is a Protective Order?
A protective order is a legal tool designed to protect someone from harm. It can be issued in cases involving allegations of abuse, harassment, or threats. In Texas, protective orders are often requested in situations of domestic violence, stalking, or similar concerns. A protective order limits contact between the person requesting the order and the individual it is issued against. These orders can vary in terms of duration, ranging from a temporary order to a more long-term restriction, depending on the nature of the case. Once a protective order is granted, it can severely restrict your movements and your ability to interact with the person who requested the order. You may be ordered to stay a certain distance away from them, refrain from communication, and, in some cases, surrender firearms. Because of these significant consequences, it’s crucial to understand how to challenge the order if you believe it was issued wrongly.Grounds for Challenging a Protective Order
There are several potential grounds for challenging a protective order in Texas. If you believe the order was issued based on incorrect or insufficient evidence, you may have a valid argument for having the order dismissed or modified. For example, if the person requesting the protective order cannot provide sufficient evidence of the alleged abuse or threats, this could weaken their case and provide a foundation for you to challenge the order.
PROTECTING YOUR RIGHTS AND FUTURE
Criminal Defense Attorney
Douglas Wilder
Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023. .
The Process of Challenging a Protective Order
When you decide to challenge a protective order, you need to request a hearing where both sides can present their arguments. The first step in challenging the order is to file a motion with the court requesting a hearing. This motion must be filed within the time frame specified by the court, so it’s important to act promptly. Once the motion is filed, the court will schedule a hearing, where both parties will have the opportunity to present evidence and argue their case. You should come to the hearing prepared with any evidence that supports your position. This may include witness testimony, photographs, or documents that disprove the allegations made against you. If you have evidence that the protective order was granted without sufficient grounds, this can be a strong argument for getting the order lifted.
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- Forrest Davis
I hired the Wilder Law Firm to help with my Family Violence Citations due to it’s remarkable reviews, experience in the field and high approval rating! The firm successfully resolved my cases and got both of them dismissed. This has not only given me a greater relief, but I’m happy and excited that I have no record to worry about. Thank you everyone at the Wilder Law Firm for the support and patience with me. I’m very excited."
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My advice– call Wilder Law Firm– they will help you! I had two cases in two different courts and they were able to get both dismissed! Facing these two charges put me in a really hard time for a few months but with the Wilder Law Firm’s help, I was able to put all this past me and move on with a clean record. This was a hard life lesson but I am thankful for the results."
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