If a party violates a restraining order, the person who sought the restraining order can petition for enforcement in the court that handled the divorce action. In Texas family court, the practice of getting a restraining order has historically been limited and often requires a non-typical situation for it to be granted.
At Loughmiller Higgins, P.C., we have experience defending against and pursuing temporary restraining orders as well as standing orders. If you need detailed counsel for this type of legal action, we encourage you to contact us today to schedule an appointment as soon as possible.
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Typically, restraining orders are used to prevent or stop the transfer of assets, unlike protective orders that are used in cases of domestic or family violence.
Also, if someone violates a protective order, he or she can be arrested right away because it is a crime to violate this type of court order. In a restraining order violation situation, one party needs to have a judge cite someone for contempt and sanction him or her before someone can be arrested.
However, the police can arrest someone without a warrant if an officer has probable cause to believe he or she has threatened, assaulted or went near a person protected by a restraining order. The officer can make the arrest based on witness statements, physical evidence such as bruises on the victim, or from admissions made by the offending party.
If someone is charged with violating a protection order, he or she can be held in jail without bail as long as the judge determines that he or she may pose an immediate threat to the victim. Our attorneys can help you determine which legal instrument best fits your situation and help you proceed accordingly.
Call our Texas law offices directly to schedule a consultation or e-mail us today with a brief description of your situation and concerns. Our lawyers accept all major credit cards and offer flexible appointment scheduling for your convenience.