There’s a knock at your door, when you open it someone asks your name and hands you a stack of papers, you’ve just been served with a Bexar County Protective Order. Protective orders are serious business. After you’ve been served it is possible that you are no longer allowed to have contact with your significant other, your children and maybe can no longer live in your home. Protective orders remain in place even if the protected person no longer wants them in place and wants to have contact. This post will explain how this happened and what you should do next to make sure you avoid life-altering consequences.
Who Can Get Protective Orders?
Usually, people get protective orders against people with whom they’ve been romantically involved. However, people who are related to you by blood or who have lived with you (yes even a platonic roommate) can get protective orders. It is less common but anyone who accuses you of stalking, or trafficking can also qualify for a protective order.
Are Protective Orders the Same as No Contact Orders?
A protective order is different from a No Contact Order. Usually, you are given a no-contact order as a condition of bond when you are charged with a crime. To find out
How Did Someone Get a Protective Order Against You?
There are two main ways to get a protective order. First, the Bexar County District Attorney can file an application for a protective order. This usually happens when there is an investigation pending or there’s been an arrest for domestic violence. The protected person almost always goes to the District Attorney’s Office and swears out an affidavit citing examples justifying why they believe they are in danger of imminent harm, have experienced domestic violence, or have been stalked or trafficked by you. This affidavit is a sworn statement and the judge uses it to evaluate whether or not to issue a Temporary Protective Order.
What Happens if I Am Subject to a Temporary Protective Order?
Once you are served with a Temporary Protective Order you must obey what it tells you. This is true even if the protected person has changed their mind and tells you that they want to have contact. It is also true if they try to contact or call you. You cannot be with them and you cannot respond to their text messages or answer their phone calls. It is possible for someone to text you, wait for you to reply and then use the reply as proof that you’ve violated the order. In one tragic circumstance, a protected person reached out and informed their partner that their two-year-old was seriously ill and needed to go to the hospital. When the partner reached out to find out which hospital the toddler had been taken to the protected person filed a complaint.
What Happens if You Violate a Protective Order?
Violating a Protective Order is a crime. Remember, it is not the protected person who is saying you can’t have contact it is the State of Texas saying you can’t have contact through a judge who has signed the protective order. Until you change or modify the judicial order it must be followed. If the protected person accuses you of an assault while the protective order is in place, it is a felony. So, it is important to not contact any person protected by a protective order.
What Should I Do Once I Am Served With a Protective Order?
You need to hire a lawyer. Usually, protective orders go hand in hand with criminal investigations and child custody or divorce disputes. We can work with the District Attorney’s Office, minimize the consequences of the protective order, and put you in your best possible position in relation to your criminal or child custody situation.
To Find out More Check out Our Tik Toks on Protective Orders