Restraining Order Issues And Response

A restraining order is a critical tool that forbids one individual from coming within a particular distance of the one who asked for the restraining order. Restraining orders could also inhibit all kinds of interaction between the two parties, such as personally, over the phone, by text, by email, etc.

If you have a restraining order against you, a veteran Houston criminal defense lawyer like Scott M. Brown can help. Call 979-849-8526 today.

The Negative Consequences Of A Restraining Order

A restraining order could make your life tough. One way a restraining order might make life difficult is to keep you from enjoying a relationship with your loved ones. A restraining order carries a stigma that your company, associates, friends, neighbors and relatives may hold against you. In addition, you may be arrested at the first sign of violation, even if unintentional.

It doesn’t take much more than someone complaining that he or she feels threatened by you for the person to acquire a restraining order against you. Houston criminal defense attorney Scott M. Brown knows exactly how hard it is to have a restraining order issued in your name. You probably feel angry and trapped, not having the freedom to see individuals you like and care for. You can rely on our attorneys to protect your rights and ensure that you aren’t the target of an unjust restraining order.

Additionally, if you are dealing with legal issues for violating a restraining order, our firm can provide you with the aggressive protection you need. Violating a restraining order can result in a $5,000 fine and up to 2½ years in jail.

Restraining orders can complicate your life personally, financially and legally. In Texas, any blood relative, boyfriend or girlfriend, or roommate can secure a 10-day restraining order ex parte. This means you could be evicted from your own residence without a chance to contest the restraining order in advance.

To get a temporary restraining order, someone need only sign an affidavit at the courthouse stating that he or she thinks there is a threat of major impending bodily damage from you. Since a judge does not have an opportunity to hear your testimony, you may discover yourself out of your home without much warning.

After this humiliation, you are entitled to a complete hearing within 10 days. This means that you need to act quickly with your attorney to ensure lifting of the order if possible. Lawyer Scott M. Brown and his associates represent people in restraining order proceedings as well as those who are charged with violating them.

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Our Houston family law and divorce attorneys have been providing compassionate and personalized legal services in Texas. Scott M. Brown is a certified family law specialist by the Texas Board of Legal Specialization.

How To Respond Once A Restraining Order Is Filed Against You

When a judge grants a temporary restraining order, it will stay in effect for 10 days. During that time, you will receive notice to leave the apartment or house if the person who filed the order lives with you. In addition, you will be required to abstain from all contact with the person who filed, which means no phone calls, emails, letters or physical contact. You also cannot have someone contact that person on your behalf. By involving an attorney promptly, you can show that there is no misunderstanding or allegations that you somehow violated the temporary restraining order. You will then be notified to appear at a hearing to determine if a permanent restraining order is necessary.

Consequences Of Violating A Restraining Order

If you are found breaking a restraining order, you could be charged, held in custody and required to post a bail bond. If you are found guilty of violating a restraining order, you could receive prison time, a fine and a long-lasting criminal record that can significantly mitigate your ability to acquire work, lease an apartment or get loans. Furthermore, if you are sentenced to time in jail, your employer might fire you. As an “at will” employee, you could have few options to save your job.

Scott M. Brown & Associates will investigate the circumstances surrounding the issuance of a temporary restraining order. When necessary, we may investigate the person requesting a restraining order as well as interview witnesses, gather evidence and expose facts that support your contention that you were falsely accused of physical violence and thus reduce the probability of a continuing restraining order.

Contact us today for a no-cost initial consultation. We can help you with your criminal legal defense in Harris, Galveston and Brazoria counties. You can also schedule a live video conference or leave us a message right here on our site.

We have offices in Houston, Galveston, Angleton and Pearland, Texas, to serve you.

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