Violations of Restraining Orders
Information on Restraining Orders
Couples who are going through a divorce or settlement modification proceeding can sometimes make accusations or threats, especially in situations where child custody or financial support is at stake. Whether the threat is real or imagined, either party may request a temporary restraining order (TRO) from the judge. In a criminal case, the judge may issue an Emergency Temporary Restraining Order that will be applicable for 60 days or more.
A restraining order sets specific restrictions on the accused and if violated, even accidentally, can cause further charges to be filed and a revocation of bail. If a Restraining Order has been issued against you, it is important to take immediate steps to resolve the matter. Our founder is a board-certified specialist in criminal law, who has years of experience representing those who have been accused or charged with domestic violence.
Restraining Order Lawyer in Houston
When a temporary restraining order is issued, the accused will be bound by certain restrictions, including:
- No threats or harassment
- No following or stalking
- No destruction of property or assets
- No financial manipulation such as changing or emptying bank accounts or hiding assets
- No relocation of the family home or changing of a child’s school
- No contact with the “victim”
- No ability to come near the victim’s home or work
The issuance of an Emergency Restraining Order can have a very negative effect on your status during a divorce proceeding, custody hearing or modification. If you feel a TRO was unfairly or maliciously requested by your spouse or ex-spouse or domestic partner, we can help you in seeking to get the problem resolved by acting quickly.
Violation of a Magistrate’s Emergency Order can result in severe penalites, including revocation of bail. A violation may be charged as a Class A misdemeanor punishable by up to a $4,000 fine and one year in jail.
Accused of a violation of a restraining order?
If you have had a restraining order or emergency protective order issued against you by your spouse or ex-spouse, you will be subjected to a number of restrictions regarding contact and behavior with them. It can be all too easy to violate the terms of the TRO unintentionally or accidentally and if reported, you can be arrested on a misdemeanor or felony criminal charge.
If you have been arrested you should immediately call a Houston domestic violence attorney at Chernoff Law. We specialize in defending clients against domestic violence charges and restraining order violations. We will aggressively investigate all the original evidence and testimony to establish whether the original restraining order was justified as well as all the circumstances of your alleged violation and arrest. We understand how arguments and upsets in a family dispute can sometimes result in disorderly conduct or irrational threats being made that can result in a 911 call or a request for a TRO or Emergency Protective Order. Most people do not realize the serious legal consequences such actions can cause.
Fighting a Restraining Order
At Chernoff Law, our founding attorney is a former prosecutor and district attorney. When we are hired, we meet with the client and learn about the incident and work out the necessary defense. We are thoroughly prepared to present these defesense at trial. We are fully prepared and experienced in cross-examining the state’s witnesses to expose exaggerations, lies and spiteful intentions. Out goal is to show reasonable doubt. Give us a call for a free, confidential consultation.