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Domestic Violence & Restraining Orders

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Texas Domestic Violence & Restraining Order Attorneys

What Is Considered a Domestic Violence Charge in Texas?

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 Texas

In most domestic violence cases, restraining orders, also called protective orders, are enacted by the judge or court to ensure the victim and their family is safe from the accused aggressor. These orders vary in length and vary depending on each unique situation.

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 more.

Protecting Clients Across Texas

An allegation or conviction for household or relationship 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 violation of a protective order can lead to greater charges and penalties. At Blanchard & Thomas, PLLC, our Texas attorneys can work to both protect victims and defend those who have been wrongly accused.

Learn more about the firm or contact us at (866) 219-6119 today.

The Blanchard & Thomas "Clients' Bill of Rights"

We Want To Earn The Right To Be Your Attorneys From Now On,
Not Just For The Duration Of Your Current Legal Issue.

We Aim to Win

We play to win. While we cannot guarantee outcomes in any case, we always do our best to see that our clients come out on top. We want our clients to know without question that their success matters to us personally.

Strategic Planning

We play hard, we play fast, and we stick to the game plan. We work with every client to develop a strategy most likely to bring about their success. We work hard to ensure the strategy gives our client every advantage possible and their very best chance at success. We then implement that strategy as quickly and efficiently as possible.

Honesty and Integrity

We build our relationships upon a foundation of total honesty. Absolute honesty allows the client and the attorney to develop trust that will be absolutely critical to success in and out of the courtroom.

Commitment To Communication

We make a commitment to communication. We begin and end many of our days communicating with clients. Our clients can count on us to return phone calls and/or e-mails within 24 to 48 hours except in emergencies or during announced absences from the office. We want our clients to know what we know and vice-versa. We want to ensure they can make informed decisions from start to finish.

Client Attorney Relationship

While the attorney client relationship may not always result in friendship, we believe it should always result in mutual respect. We zealously advocate on our clients’ behalf whether we agree with their choices or not. We do not judge our client’s choices; we simply attempt to help them learn from them, live with them, and overcome them.

Our Promise

We serve at the clients’ pleasure. If for any reason whatsoever the client decides he/she is better off with a different attorney or law firm, we will respectfully and professionally do whatever we can to get the new attorney or law firm up to speed and ready to handle the case. We vow to never object to a client’s request to seek alternative counsel, and we promise to return 100% of any unearned advance payments.

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