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Contesting domestic violence accusations and protective orders

On Behalf of | Jan 21, 2022 | Domestic Violence |

In Texas, domestic violence is a common problem. This has been exacerbated by personal, professional and financial challenges that have been ongoing for much of the past two years. People have been forced to spend more time together, making tensions worse and some have been accused of reacting with violence against family members. Understandably, this is often viewed from the perspective of the alleged victim. However, those who are said to have committed the acts of domestic violence can face a litany of concerns. Lodging an effective defense is imperative. This is particularly important when a protective order is in place.

What a protective order does and how it impacts the accused

There are facts about a protective order that should be known. A protective order can be issued against a person who is accused of threatening violence or behaving violently. In a domestic case between spouses, family members and others involved in a relationship, this can result in the person facing various requirements that must be followed or they can be arrested for violating the protective order.

After being subjected to a protective order, the person might be ordered to leave the family home and will need to find another place to live. If they have a shared automobile, it might be awarded to the other party. Child custody could be given to the complainant. Spousal support and visitation could be ordered. There can even be an order to protect pets from abuse. The person accused could be barred from going to the other person’s place of work and from going near their children. They might not be allowed to have a gun or a gun license. If the protective order is violated, the person could be arrested.

Having professional help may be key when dealing with protective orders

There is much to understand about a protective order and those who have been served with one should be cognizant of the problems they might face. These can be made worse if the protective order is violated and they are arrested. It is vital to remember that after there is a domestic violence allegation and a protective order, the protected individual cannot decide whether it should be enforced or not. Law enforcement will move forward with an arrest if it is violated even if the protected person does not want that to happen. In cases where the parties have reconciled, it is imperative to have guidance in removing the protective order through the proper channels. For those who are dealing with this complex situation, having professional advice is critical.

 

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