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A protective order in Texas is a legal tool designed to protect you from abuse, threats, or harassment from someone who poses a danger. When granted, it places clear restrictions on that person, often preventing them from coming near you or contacting you in any way.
What’s important to understand is that if the person violates the protective order, you don’t need to go back to court to enforce it. You can contact law enforcement immediately, and they have the authority to arrest the individual. At that point, it shifts from a civil issue to a criminal one, giving you stronger and more immediate protection without needing to file another legal action.
Being served with a protective order in Texas typically sets two things in motion.
First, you can expect a hearing to be scheduled within two to three weeks. Second, and just as important, you’ll need to speak with an attorney right away.
If you qualify as indigent, you may be entitled to court-appointed counsel, but regardless of your situation, it’s crucial to get legal advice quickly because protective order proceedings move quickly, and having an experienced attorney by your side early on can make a significant difference in the outcome.
The most important thing you can do is show up to court on the date listed in the application for protective order. A failure to appear can result in a default judgment against you, even if you had a valid defense.
You should consult an attorney as soon as possible so you can understand your rights and the best way to move forward. In most cases, it’s not necessary to file a written answer before the hearing, and doing so without legal advice could cause you to give up certain defenses that you may be entitled to raise.
The best time to hire a defense attorney is the same day you’re served with an application for protective order.
Protective order hearings move quickly, often within 14 days or less. It is imperative that you act fast to give your attorney the time needed to prepare a strong defense, so they’re able to help you avoid serious consequences.
The best thing I do to help emotionally support my clients through the process is to make sure they feel heard and understood. A protective order only gives one side of the story, so sometimes it’s as simple as sitting down and letting them share their side.
Going over your story in detail helps your attorney identify key legal facts you might not realize are important, but can go a long way in proving your innocence to the court. But it all starts by sitting down and creating that solid foundation with your attorney. We’ll take it from there.
For more information on protective orders in Hays County, TX, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 800-7394 today.