Contesting a Texas Restraining Order
If someone has filed a restraining order against you during a divorce or separation, you may be wondering what steps need to be taken to contest or remove that restraining order. In some cases, the petitioner may have filed for a restraining order, but lacks evidence for it to be upheld upon close examination.
Whatever your reason for wanting the restraining order removed, there are some things you’ll need to understand about how the process works and what documentation and evidence you’ll need on hand to fight against that restraining order.
Understanding Restraining Orders in Texas – Important Considerations
First, let’s define what a restraining order is in Texas. The words “restraining orders” and “orders of protection” are sometimes used interchangeably. In reality, they are not the same thing according to the courts.
The term “restraining order” can be used to refer to both Protective Orders and Temporary Restraining Orders. In strict legal terms, in the State of Texas, it usually refers to the civilly-focused Temporary Restraining Order, while the term “Protective Order” is reserved for orders addressing violence with criminal charges as a possible outcome.
Many times during a divorce, a restraining order or a temporary restraining order is put in place with clear guidelines on how communication should take place. They can also keep each party in the divorce action “in their lane” and can prevent a party from taking specific actions that could cause immediate, irreparable harm or negatively impact the outcome of the ongoing litigation. It’s a “stop-gap” measure.
A “protective order” is used in cases of domestic violence when there are criminal elements in play. A protection order hearing is a crucial legal proceeding where both parties present their arguments before a judge. The outcome can significantly impact your safety, legal rights, and future interactions with the opposing party.
Steps to Take To Contest A Restraining Order in Texas
First, retain counsel. Having an experienced Austin divorce lawyer who is extensively familiar with how the laws work in our state is one of the most important steps in effectively contesting a restraining order. We will help you review the order and understand the allegation and terms and conditions outlined in the order. We can also advise you and help you collect and compile evidence that will support your defense of the restraining order. These might be videos, communications such as phone calls and texts, witness statements, etc.
You must respond to the order promptly and adhere to all court deadlines. We will ensure your case against the restraining order is not thrown out on a “technicality.”
Attending all of the hearing dates with us as your counsel of record can be crucial for presenting your case. There may be times we represent you without the need for you to be present, but this may not be one of those times. We’ll advise you on the best strategy to match the desired outcome of your hearings.
We will also coach you as you prepare for your testimony in the restraining order hearings. Being able to explain your side concisely, clearly, and calmly will help your case.
Aside from assisting you as you contest your restraining order, we can explain the next steps and help you understand the seriousness of the allegations, how they impact your rights in terms of custody and property. We can also help define the “guidelines” and lead you through a fairly complex process.
How to Fight A Restraining Order in Texas – Grounds For Challenging The Order
You may be able to challenge the restraining order for a variety of reasons.
- Lack of Evidence: The person filing for the restraining order must prove that a qualifying act has occurred and is likely to occur again. If they cannot provide evidence, the order should not have been granted and may be removed.
- False Allegations: Unfortunately, it is not uncommon for someone to make false claims to gain an advantage in divorce, child custody, or other legal disputes. Proving that the accusations are false can take time and evidence to the contrary. This is where your documentation and witness statements may come into play.
- Misinterpretation of Events: Words or actions may have been misunderstood or taken out of context. You may be able to demonstrate that the events described by your accuser did not happen, or had a different intent that was not meant to be a threat
- Self-Defense: If your actions were taken in demonstrable self-defense against the person who filed the restraining order, you may be able to have the order rescinded.
- Procedural Errors: If the person filing for the restraining order or the court made errors during the legal process (e.g., improper notice, incorrect filing), these mistakes could be grounds for challenging the order.
You may be able to challenge based on one or multiple reasons listed above. Having our team review your restraining order and the evidence you have compiled to refute the position of the petitioner is a great first step.
What Is the Role of A Family Lawyer in a Restraining Order Dispute?
Our job is to explain the law and procedures, help you gather evidence, and explore your options as we represent you in your hearings. Because we work for you, our job is to ensure your interests are safeguarded throughout the process.
Why Hire Eric Willie, P.C. as your Divorce Lawyer in Austin?
When facing the prospect of contesting a restraining order in Texas, choosing the right attorney is crucial. Our team consists of experienced divorce lawyers in Austin, offering the strategy and dedication required to lead to a favorable outcome in your divorce or custody case.
We have extensive experience navigating the complexities of Texas family law, including protective orders. We understand the specific statutes and precedents that apply to these cases. A lawyer who is very familiar with the local court procedures, judges, and opposing counsel is a significant advantage in your case.
Everyone at Eric M. Willie, P.C. is committed to providing personalized attention to each client. We take the time to listen to your story, understand your goals, and tailor a legal strategy that best suits your unique circumstances. Our team will meticulously review the evidence, identify weaknesses in the petitioner’s case, and present a compelling argument on your behalf.
Contesting a restraining order in Texas is a serious legal challenge with complex steps and requirements. Success necessitates immediate, expert action. If you have been served with a protective order, do not delay in seeking legal counsel. Contact Eric Willie, an experienced Austin divorce lawyer, today to discuss your case and begin building your defense.
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