Restraining Order Defense Lawyer – Ed Chernoff
What You Should Know if Served a Restraining Order in Texas
Were you served a restraining order in Harris County? If you were wrongly accused of stalking, harassing, or violence against someone you need to hire an experienced restraining order attorney. Contact Chernoff Law in Houston, Texas for a free case consultation with our firm.
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.
What You Can’t Do After a Restraining Order
When a temporary restraining order is issued, the accused is bound by law not to do certain things. Doing any of the following constitutes violation of a restraining order:
- No threats or felony 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 alleged victim’s home or work
This is why it is so important to hire a restraining order lawyer if you are served one or charged with violation of a restraining order.
Served an Emergency Restraining Order in Houston or Harris County?
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.
Punishment for Emergency Restraining Order Violations
Violation of a Magistrate’s Order of Emergency Protection can result in severe penalties, including revocation of bail.
A violation may be charged as a separate Class A misdemeanor punishable by up to a $4,000 fine, one year in jail or both. If the emergency order violation occurs in conjunction with misdemeanor family violence then the violation can be charged as a felony separate from the assault charge. If the emergency order was violated AND the charges of violence are classed as a felony, the violation can be prosecuted as a separate felony punishable by at least two years in prison and further fines.
Accused of a violation of a restraining order? You need a Restraining Order Defense Lawyer.
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 harassment criminal charge.
If you have been arrested for domestic violence and a restraining order was issued against you, speak with an attorney at Chernoff Law. We focus primarily on defending clients against facing criminal and violent charges, which while sometimes false still result in unnecessary restraining orders and emergency order violations.
We will aggressively investigate all the original evidence and testimony to establish whether the original temporary restraining order was justified as well as all the circumstances of your alleged violation of protective order charges 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.
Get Legal Help for 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 defense at trial. We are fully prepared and experienced in cross-examining the state’s witnesses to expose exaggerations, lies and spiteful intentions. Our goal is to show reasonable doubt. Give us a call for a free, confidential consultation.