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The restrictions that come with protective orders

Domestic violence cases in Houston often come down to a matter of the alleged victim’s words against those of the accused. Still, even in instances where one is innocent of such a charge, he or she can still make missteps that can undermine his or her attempts to prove that to be so. People claiming to be the victims of domestic violence often seek protective orders. According to the website for the Texas Attorney General, representatives from the Department of Human and Regulatory Services, prosecuting attorneys, and adults claiming to be protecting a child can seek them, as well. If one served with such an order subsequently violates it, such action could support the claims against him or her. Thus, those served with such orders should understand their restrictions.

The Texas Code of Criminal Procedure states that a protective order prohibits those served with it from:

  •          Communicating either directly or indirectly with the petitioner or any members of his or her family 
  •          Attempting to approach the home, school, child-care facility or place of business of the petitioner or his or her family
  •          Acting in a way meant to embarrass, harass, annoy or alarm a petitioner or members of his or her family

A protective order also prohibits one from possessing a firearm (unless a weapon is required to fulfill one’s duties as a peace officer).

If one is indeed accused of violating a protective order, being able to account for his or her actions may go a long way to answering such a charge. It is, after all, up to prosecutors to show that one did indeed violate an order. Phone records, email accounts and witnesses verifying one’s location might all serve as evidence to refute accusations of unlawful contact.

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R. Todd Bennett, P.C.
1545 Heights Blvd. Suite 600
Houston, TX 77008

Phone: 713-752-2728 | Fax: 713-650-1602
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