Restraining Orders

Sometimes it may be necessary to protect yourself, your child, and/or your property in your family law matter. It is not unusual for a court to grant a temporary restraining order in situations that warrant additional protection, such as in cases of physical abuse. In fact, many courts have instituted and signed standing orders in their county that provide some measure of protection for parties. Even if a court has standing orders, there are occasions when a more specific and/or more onerous restraining order is necessary.

On those occasions, and when a court does not have a standing order, you may need the services of an attorney to draft and present a restraining order to a judge to protect you and/or your family and/or your property. In those instances, it may be advisable to retain the services of a seasoned family law attorney who can efficiently present the restraining order to the court for the court’s review and approval. For example, a wife may be concerned that her husband is going to hide assets or liquidate assets and she may want to have an order put in place to prevent those things from happening.

Another example of when a restraining order may be necessary to protect you or your family, is a situation when a parent is using or abusing drugs and/or alcohol and is a danger to the child; clearly, a parent should immediately seek a restraining order to preclude the parent who is dangerous to the child from having possession or unsupervised access of the child.

Protective Orders

Unfortunately, there are situations where a member of a household is the victim of domestic violence. In such a circumstance, the Texas family code provides for certain persons to have the ability to seek protection from the court for themselves, their child, and/or other persons. In order to obtain a protective order, a party must very carefully and thoroughly make his or her application to the court. There are numerous requirements prescribed by law for the application to be proper and for the applicant to obtain a protective order. In most circumstances, a person who applies for a protective order also seeks a temporary protective order for more immediate protection which can be, in some instances, applied for and obtained the same day. A protective order, unlike a restraining order can be enforced by both civil and criminal means.

If you are seeking help with any kind of protective/restraining order against a spouse or guardian, contact Timpa Law Office today for assistance.