Protective Orders and No Contact Bail Conditions
Restraining Order Hearings
An Emergency Magistrate’s Order of Protection prohibits a person charged with domestic assault, stalking or harassment from having contact with the person filing the complaint. The person facing charges will be ordered not to come within a certain distance of the complainant’s home or office. He or she may also be prevented from contacting friends and family of the complainant.This order can be granted by the magistrate at the initial probable cause determination or by the Judge of the Court where the case is charged.
This emergency order is limited in time. Normally, the order applies for 60 days. However, it causes tremendous problems. When the accused person leaves jail, he or she will have to find a new place to live and arrange to get their possessions without violating the terms of the order. This emergency order, and bail conditions, can be changed or removed. However, it takes an experienced lawyer to understand how best to present this request. Judges are loathe to remove these restrictions.
Has a protective order been issued against you?
A protective order is a two year restraining order issued by a judge to protect a spouse, ex-spouse and/or family or children from family violence. No criminal offense need be filed. However, in the event that criminal charges have been filed, a protective order is usually filed in a civil court other than the Court handling the criminal case.
An individual who is charged with a criminal offense involving family violence may be facing a quagmire of restrictions, including an Emergency Restrating Order and a Protective Order. As well, the Judge in the Criminal Court may attach bail conditions further restricting the accused from certain activities. These activities may be absolutely necessary for that individual to perform basic work and child rearing tasks. If you have had a protective order issued against you and you feel it is unjust or unwarranted, you should speak to a Houston domestic violence attorney at Chernoff Law as soon as possible.
Our firm is dedicated to protecting the rights and defending our clients against domestic violence charges and the attendant consequences such as Protective Orders and Emergency Restraining Orders. Our firm’s founding lawyer is board-certified in criminal law and committed to providing the strongest defense.
We Understand the Challenges You Face
In addition to the problems of where to live and how to regain your possessions, people on the wrong end of a protective order face problems with bail and the potential for re-arrest.
- Bail and Bond Conditions: In Harris County, Texas bail may be set as high as $50,000. in domestic violence cases. After you are served a copy of the protective order the prosecutor may agree to reduce your bond, but that’s little comfort if you’ve had to sit in jail or pay for an unnecessarily high bond.
- Consequences of Violating No Contact Orders: If you violate the no contact order, even accidentally, and the complainant takes it to court, you may find yourself under arrest again and facing the inability to make bail.
Call a Houston domestic violence defense attorney today!
The earlier you contact our firm, the sooner we can begin to represent your best interests. We can help you with the orders and the additional difficulties of high bail and bail conditions, and the frequent and often accidental violation of these conditions. In fact, just going home with the permission from your spouse to collect your belongings can make you subject to arrest. We are here to help you and can answer all your questions when you call our offices.
Fighting No-Contact Orders and Violation Charges
Chernoff Law can help keep false accusations and unfair motions for protective orders from landing you in jail. You have the right to fight. You have the right to a hearing. We work aggressively to get charges dropped and no contact orders lifted. When the stakes are high, put our defense on your side.