Domistic Violence
Information About Restraining Order And Domestic Violence
Too often in my practice, I meet divorcing couples who have had a long history of
inflicting physical harm or bodily injury upon one or both of the parties. Texas
courts will not tolerate any family violence. As a family law attorney, I will not
either and will take all steps available to protect my client and his/her children.
The Court can enter a protective order that prohibits one person from committing
family violence against another. The protective order usually goes so far as to
prohibit one person from even going near the other person's residence or place
of employment. A copy of the protective order is given to the police and recorded
in their computer database. It includes the following language:
VIOLATION OF A PROTECTIVE ORDER IS PUNISHABLE BY A FINE UP TO $5000 OR CONFINEMENT
IN JAIL FOR UP TO ONE YEAR, OR BOTH. FURTHERMORE, IT IS UNLAWFUL FOR ANY PERSON
WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION. ALSO, NO
PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THE ORDER MAY GIVE PERMISSION TO
ANYONE TO IGNORE THE PROTECTIVE ORDER.
The applicant to the Protective Order cannot waive the requirements of a protective
order. If he/she invites you over for dinner or to meet at a local restaurant, as
soon as you arrive, the applicant to the Protective Order can call the police and
off to jail you go - it is no defense that the applicant invited you over. If you
have been served with a Protective Order and the applicant invites you over, DO
NOT GO. You are not only violating a court order, but you will most likely be arrested.
This ability of the police to arrest you on the spot is the difference between a
protective order and an injunction, the latter of which can only be enforced by
going back to court complaining of the violation.
If you have been involved in family violence, either as a victim or as the abuser,
I urge you to get professional counseling. Professional counseling can break the
cycle. Also, please let me know the details so we can discuss a protective order,
and whether your specific facts qualify you for a protective order.
MICHAEL P. VON BLON & ASSOCIATES
Board Certified - Family Law - Texas Bar Board of Legal Specialization
