Restraining Orders in Waco

Protecting Clients in Waco, Dallas, Marlin & Temple

An allegation or conviction for assault family violence, dating violence, or household violence is incredibly serious. It can affect your child custody rights, your ability to be employed by government entities and some private institutions, result in deportation, cause the right to own a firearm to be suspended or denied, and more. All of this can happen even though many of these charges are based on one person’s testimony alone.

In addition, if you or your child are in fear of violence or assault, take steps to protect yourself with a restraining order. This legal document can help you or your loved ones by placing legal restrictions and harsh penalties on an offender.

The Definition of a Family Violence Charge

The first thing to notice about an assault family violence charge is the name itself. From that, it seems as if there would need to be actual physical violence against a family member to make a conviction. However, to qualify as an assault, physical injury is not required. If someone in the situation felt threatened, the prosecutor may have a case for assault family violence. Further, the alleged perpetrator does not necessarily have to be blood family to qualify as "family" under the legal definition.

The following individuals can also press domestic violence charges:

• A roommate
• Foster child
• Boyfriend/girlfriend
• Ex-husband/ex-wife
• Ex-boyfriend/ex-girlfriend

Can the Alleged Victim Take Their Accusation Back?

Many times, there are underlying motives for accusing someone of violence. Unfortunately, even if an accusation was made in the heat of the moment, it cannot simply be taken back. However, it can help the defense if the alleged victim decides he or she does not want to press charges.

Types of Restraining Orders

In most domestic violence cases, restraining orders, also called protective orders, are put into place.

The following outline different types of protective orders in Texas:

• Emergency protective order: This order can be issued after a family violence-related arrest, usually during the arraignment. It can last from 31 to 91 days but can’t be extended. This order can be requested by the victim, or by a guardian, prosecutor, judge, or peace officer.
• Temporary ex parte protective order: This order is meant to prevent contact with the alleged victim in any way. It can last up to 20 days and then be extended upon further request.
• Final protective order: This order is meant to prevent contact with or further abuse of the alleged victim. It can last up to two years.

These orders can include details on whether the accused can remain in their residence, how close the accused can come to the alleged victim’s residence, place of employment, school, and more; whether the accused can possess or be near a firearm or other weapon; and circumstances.

Work with Blanchard & Thomas

The violation of a protective order can lead to greater charges and penalties. At Blanchard & Thomas, our Waco attorneys can work to both protect victims and defend those who have been wrongly accused.