Houston
protective &
restraining
order attorney
Protective orders and restraining orders play a crucial role in protecting individuals and maintaining fairness during difficult times. When your safety, peace of mind, or stability is at risk during legal transitions in Houston, court-issued orders can serve as vital safeguards. At Skillern Firm, we understand the gravity of these situations and are committed to providing steadfast legal support.
These legal directives address various needs, from protecting against domestic violence, harassment, or threats, to preserving assets and civility during divorce or other civil proceedings. Since 2010, Skillern Firm has been dedicated to helping Houstonians fight for these important protections. Our focus on family law has equipped us with a deep understanding of the Texas legal system and the statutes governing these orders, and we are prepared to bring that experience to bear in your case.
We can guide you through the legal process with diligence and clear communication. Call (713) 229-8855 today to schedule a consultation with a protective and restraining order attorney in Houston.
Protective Orders vs. Restraining Orders in Texas Law
While both are court-issued directives, they serve distinct purposes under Texas law and provide different forms of relief.
A Protective Order is a legal remedy designed to prevent further acts of family violence, stalking, sexual assault, or human trafficking. Governed by the Texas Family Code, these orders are typically sought by individuals who have experienced such acts from a family member, household member, or someone with whom they have had a dating relationship. Violating a Protective Order is a criminal offense, carrying the risk of arrest and prosecution. These orders can also provide long-term protection, lasting for extended periods.
On the other hand, a Restraining Order, often a Temporary Restraining Order (TRO), is governed by the Texas Rules of Civil Procedure and is commonly used in civil cases like divorce proceedings. TROs are intended to maintain the status quo during litigation, such as preventing asset transfers, limiting extraordinary debts, or prohibiting harassing behavior toward the other party or children.
The process begins with filing an “Application for Protective Order” with the Harris County District Clerk. This document outlines incidents of family violence or stalking and requests the court’s intervention. In cases of immediate danger, a temporary Ex Parte Protective Order may be issued without the respondent present, offering short-term protection until a full hearing. The respondent is then formally served with the application and notified of the court hearing.
The court hearing is a critical phase where both parties present evidence, such as testimony and documents, to the judge. For a Final Protective Order to be issued, the court must determine whether family violence has occurred and is likely to happen again or that stalking has taken place. If granted, the order specifies prohibitions and can remain in effect for up to two years or longer in some instances.
Understanding the steps to obtain a Protective Order in Harris County can offer a sense of empowerment during a difficult time. At Skillern Firm, we are dedicated to simplifying this process for individuals in the Houston area, providing clear guidance throughout. While every case has its own nuances, the core steps are defined by Texas law.
“I can’t imagine I would have made it through my divorce, mentally or emotionally, without her. She is insanely intelligent and astute, she is on top of absolutely everything family law related, responsive, reassuring, and gives you confidence in a very unfamiliar world. She’s prompt, factual, strategic, and exactly what you hope for in a lawyer if not more. You can depend on her. Tina is also phenomenal in court. She found so many discrepancies in my ex’s attorney’s work. It was not only impressive, but revealed how detrimental things can be without a truly thorough lawyer like Tina.”
“Not one detail missed and with the situation where my children were at risk, the extra care and attention made all the difference to get full judgement in my favor. I highly recommend Matt and his team!”
“Skillern Firm is the best attorneys in Houston. He genuinely cares about his clients and his firm is diligent, hardworking and very through. I highly recommend him and do not have enough words to thank him for his extraordinary performance in getting justice for my family.”
“I have used several family law attorneys in the 10-17 years and my ex takes me back to court every year. I have worked with Matt Skillern, Caitlyn Thorpe, and Stacy Sawyer. I would never go elsewhere. If you want it done, and done right, do not hesitate to contact them. I have had terrible experiences with all of the family law attorneys I have dealt with outside of them. I only provide positive reviews so my bad experiences are not noted. If you want a positive and good experience, pls go there!”
“The communication is top notch from her to her staff. Her responses were quick at all times, and never left any questions unanswered. I always felt how important my case was to her. Caitlin is an amazing, trustworthy, brilliant, and beautiful human who truly cares about her clients and will fight hard for them. Caitlin isn’t scared to speak out and won’t sugarcoat anything. She knows family law extremely well and during trial always knew the facts of my case very well, was familiar with all details and effectively fought for my kid's rights. I couldn't have been happier with Caitlin and the outcome of my case. I only wish I would’ve hired her sooner, right when the divorce started. Anyone would be so lucky to have her as their attorney.”
Requirements
for a Protective
order in houston
Determining if you qualify for a Protective Order in Houston is a vital step when seeking legal protection from family violence or stalking.
At Skillern Firm, we understand how important it is to have clarity during such difficult times. Texas law, outlined in the Texas Family Code and the Code of Criminal Procedure, provides specific criteria for eligibility in Harris County.
To secure a Protective Order based on family violence, it must be demonstrated that family violence has occurred and is likely to happen again. “Family violence” includes acts intended to cause physical harm, bodily injury, assault, or sexual assault, as well as threats that reasonably instill fear of such acts. Additionally, this type of order requires a defined relationship between the applicant and the alleged offender, such as family members, household members (current or former), or individuals in a past or present dating relationship, as specified by Texas law.
Alternatively, victims of stalking may qualify for a Protective Order regardless of any familial or dating relationship with the perpetrator. Stalking involves repeated harassing behavior that causes a person to reasonably fear for their safety or that of their family. Understanding and navigating these legal standards can be complex.
Call (713) 229-8855 or contact us online to schedule a consultation with a Houston protective and restraining order lawyer today.
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