Emergency and Protective Orders
The attorneys and staff at Jeredith Jones, Attorney at Law are experienced in obtaining emergency orders when the situation makes it necessary to do so. There are many situations where a judge can make orders that are not generally standard in a family law case. These types of orders are called extraordinary relief and can be obtained for the protection of children and property. These orders can be obtained early in a divorce and are generally referred to as “Temporary Restraining Orders.” A restraining order like this generally will not last beyond the end of your case. The judge will take these orders very seriously and will institute sanctions and consequences if the orders are not properly followed.
In some situations, the need for emergency orders goes beyond extraordinary relief. The attorneys at Jeredith Jones, Attorney at Law work diligently to provide competent, compassionate representation. We understand how serious and emotional situations involving emergency orders can be and provide our clients with ethical representation in an emergency.
When domestic violence is a part of a relationship, it may be necessary to seek a protective order to assure the safety of one person or part of the family.
In a break up, custody situation, or a divorce, sometimes one party is afraid, due to domestic violence, that the other person will continue to harm and threaten to harm them unless a court order is in place to prevent further harm or threat of harm.
The Texas Family Code defines Domestic violence as “an act by a member of the family that is intended to cause physical harm, bodily injury, assault or sexual assault,” or “a threat that places the member in fear of immediate fear of physical harm, bodily injury, assault or sexual assault.”
If you or a person you know is afraid, a protective order may be necessary to assure protection. When a protective order is in place, there can be criminal charges if a person violates the protective order.
A protective order prevents the person who is the aggressor from being allowed to come your work, school, home, or within a certain number of feet of you. If the person doesn’t follow the protective order and comes to one of the places he or she isn’t allowed to go, that person can be arrested by the police for violation of a protective order. The police, prosecutors, criminal courts and the family Judges take protective orders and violating the protective order very seriously and a person can be put in jail for up to a year.
A protective order moves faster than any of the other temporary orders and does not require mediation prior to the protective order hearing. A protective order hearing should be held within fourteen days of filing the initial paperwork. A person can apply for a protective order for themselves or can apply for one on behalf of a child or other incapacitated person who is being abused or threatened by a family member. A protective order can also extend in some situations to persons and pets that live in the home with the person who applies for the protective order.
In addition to a protective order, based on the paperwork that is filed, the judge may grant what is called an ex parte protective order. This order would be effective on the day the judge reviewed the protective order and the purpose is to protect the victim of domestic violence while a police officer serves the actor with the paperwork for the protective order.
The attorneys at Jeredith Jones, Attorney at Law have experience working with domestic violence victims and understand many complex emotions and concerns clients may have when discussing issues relating to emergency orders and protective orders.