Violation of an Order
Lawyers who handle family violence cases will tell you that one of the first things to happen in many domestic violence cases is that a “victim” will get a protective order to keep an “offender” away. That protective order can turn your life upside down. Unfortunately, the judge will usually approve an initial, temporary order without ever giving you a chance to defend yourself.
The temporary order will be in place for a few weeks. You will have to move out of your shared home or apartment, which may mean you can’t access some of your things. You may need to drive a different route to work, to attend a different church, to avoid your child’s school. You won’t be able to call the other person and may not be able to call his/her friends and relatives. That can make it difficult to share parenting or to arrange for the exchange of things.
If your partner wants to make the protective order “permanent” (which means it will be in place for one year), there will be a second hearing a few weeks after the first one. You CAN bring a lawyer to this hearing and I suggest you do. A strong defense at this time may get the protective order dismissed.
I’m Fort Worth family violence defense lawyer Patrick Curran. I have more than 25 years of Texas criminal law experience. Before starting my own law practice, I was the supervisor for a D.A.’s office handling family violence cases for 2 years. I know how to investigate and fight domestic violence charges. Call my Fort Worth law office to learn how I can help with your specific case: (817) 809-7919. I offer a free initial consultation.
It’s not hard to violate a protective order and a lot of people do; sometimes by accident and sometimes because the “victim” does something that leads to a violation. Victims don’t always think through how difficult life will be on their own. They may think nothing of making an exception so you can do work around the house or watch the kids, but they can’t have it both ways. They can’t say you are dangerous but then agree to have you around.
Don’t be fooled! The victim will never be charged with a crime for inviting you into the home or entrapping you in a violation of the protective order. You are the only one who will face criminal penalties.
- If you agree to meet the “victim” for coffee to iron things out, you’ve violated the protective order and you can be charged with a crime.
- If the “victim” tells you to come over and see your kids, but your kids are listed on the protective order, that visit will be a violation of the protective order.
- If the “victim” comes to a place where you are, you have to leave or she/he can call the police and you will be the one paying the price.
I’m here to protect you from the consequences of an intentional or unintentional violation of a protective order. I will try to get charges dismissed or reduced. In some cases, a good defense strategy is to plea bargain for entry into a family violence diversion program. If you have a prior violation of a protective order, diversion won’t be possible.
Successful completion of a diversion program usually results in dismissal of charges.
Contact a Tarrant County Family Violence Defense Lawyer
Learn more about your defense and diversion options. Call my Fort Worth law office at (817) 809-7919 or contact me online to schedule a free initial consultation.