Experienced Protective and Restraining Order Attorneys in Houston, Texas
At Stepp & Sullivan, P.C., our protective and restraining order attorneys in Houston, Texas understand that each of our clients has unique family law needs, which sometimes requires legal solutions to safeguard them from physical, emotional, or financial harm.
Our Harris County and Houston restraining order lawyers know that most people believe restraining orders and protective orders are the same, but they each apply to different scenarios, which is why we provide clear legal guidance for each client’s unique circumstances, so they are fully informed regarding whether a restraining order or protective order will fit their unique needs.
The more you know about your legal options, the more prepared you will be to proceed with your case with confidence. That is what our Houston restraining order attorneys provide: Assurance that you are moving in the right direction, so you can plan your future certainty and without further delay.
What is the Difference Between Restraining Orders and Protective Orders in Texas?
In the State of Texas, a restraining order is a legal document that forbids one person from certain actions and dictates how they must conduct themselves going forward.
Restraining orders are not specific to family violence but prohibit an individual or entity from certain actions — which could include contact or harassment — and may be initiated to regulate the behavior of parties to a divorce. Restraining orders can prohibit both parties from emptying bank accounts, taking out new loans or credit cards, or talking negatively to the other party.
The expansive use of restraining orders, which can be used as injunctions – or simply put, a way of saying stop this (action/behavior) now! – allows them to be ordered for many different reasons. If you have questions about the broad applications of restraining orders in Texas, our Houston family law attorneys will provide the information you need to pursue the order as a temporary solution to your current family dynamics.
Protective Orders Are Different than Restraining Orders
A protective order is a court order issued to protect a victim of family violence from further harm.
Protective orders apply to all types of family law situations – including divorce or child custody scenarios – and are created with the intent to protect individuals of the same family or household from abuse.
Orders of protection can safeguard a spouse, their children, or others living in the household, and demand that an abuser stop harassing, stalking, threatening, or physically assaulting a victim, or face legal consequences should their behavior continue.
In the eyes of the law, family and household members include:
- Spouses and former spouses
- Parents who share a child or children
- Relatives, either blood or adoptive
- Individuals who live together, regardless of their relationship
- Current or former partners
- Current dating partners, even if they do not live together
Protective orders are granted when there is evidence of family violence and are specifically designed to keep the abuse from continuing, so the victims can remain safe and get their lives back.
What Are the Different Types of Protective Orders in Texas?
There are three different types of protective orders in Texas, and each is approved by the courts for different circumstances.
They include Emergency, Temporary, or Permanent Protective Orders, which are approved and mandated for different family violence scenarios.
An Emergency Order of Protection in Texas is formally called the Magistrate’s Order of Emergency Protection.
The emergency order is approved for abuse victims whose partners have been arrested for their abusive behavior, which may include indecent assault, sexual abuse, stalking, or trafficking, and are issued by a criminal court.
These protective orders do not require a Houston restraining order lawyer to pursue, as they are directly ordered for emergency purposes by the arresting police officer, the prosecutor, or the judge presiding over the criminal case.
In some cases, the guardian(s) of an abuse victim may request an emergency protective order from the courts.
Protective orders that must be requested by the victim, and/or their family law attorney, including temporary and permanent protective orders.
Temporary protective orders are formally called Temporary Ex-Parte Protective Orders and may be approved by the courts when we can prove our client — the victim — has been abused or assaulted by their partners and are at risk of being harmed again.
The temporary order can be granted by the judge even in the absence of the abuser and can last up to 20 days.
Permanent Protective Orders, also called Final Protective Orders, may be enforced for up to two years, and possibly longer depending on your unique circumstances.
Unlike a temporary protective order, the permanent order requires the abusive partner to be present at the hearing, so he or she may present their argument or other evidence that disputes the accuser’s claims.
How Can the Protection and Restraining Order Attorneys at Stepp & Sullivan Help with My Texas Family Law Needs?
At Stepp & Sullivan, P.C., our Houston restraining order attorneys have over 70 years of combined experience representing men and women who obtain the proper protective or restraining order that fits their unique needs.
We can help ensure you and your family are safe and protected by examining your personal circumstances to pursue the best outcome available for you and your family.
It is important for our Harris County residents to understand that their complete family dynamics can be affected by boundary-crossing behavior, whether it includes physical violence or not.
Emotional and life-changing decisions, including divorce, child custody, financial support and property division requirements can cause significant clashes inside and outside your home, which can lead to emotional, psychological, sexual, physical, or even financial abuse – all of which fall under our domestic violence representation.
If your soon-to-be-ex-spouse is hurting you or your children in any way, we can help you pursue the protective order than is right for your unique circumstances, and will maintain impeccable records that will help broaden your divorce case, so we can continue to pursue the best outcome for you and your family.
Likewise, if you and your spouse are pursuing a divorce, and he or she is attempting to take or hide assets, or move property that has yet to be decided on for division, we will pursue an injunction that forces him or her to stop their behavior and wait for the courts to properly decide on the outcome.
At Stepp & Sullivan, P.C., our restraining order attorneys in Houston know that when your household dynamics change, things can become very confusing, upsetting, and irrational without notice,
We can help you make sense of these difficult circumstances and provide you with the legal guidance you need to make informed decisions about your future.
You do not have to face your spouse alone, especially when you may be afraid of their reaction or ability to handle the next steps.
Contact Our Skilled Restraining Order Attorneys in Houston to Schedule a Confidential Consultation Today
Contact our experienced protection and restraining order lawyers in Houston today by calling (713) 336-7200. You are not alone, and your future should never feel threatened physically, emotionally, or financially by anyone. We are here to help you pursue success inside and outside the courtroom, so you can move forward with your new life with confidence. Call us now to learn more.