Protective Orders

Domestic Violence Protective Orders - No Contact Provisions

Restraining Orders

Criminal Defense Attorneys Board-Certified in Criminal Law by the Texas Board of Legal Specialization

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Family Assault or Domestic Violence

Are you dealing with an arrest and the threat of a domestic violence protective order because of allegations that you struck your spouse, girlfriend, or boyfriend? To schedule a free consultation with a criminal defense attorney who is board-certified in criminal law by the Texas Board of Legal Specialization, contact Stradley, Chernoff & Alford, L.L.P., regarding family assault charges, a domestic violence protective order, or a no-contact provision.

Dealing With Domestic Violence Prosecutors

In many counties, and Harris County, in particular, the prosecutor’s office has a special division devoted entirely to domestic violence. Several prosecutors are assigned to the division and they travel from court to court focusing only on those types of cases. One of their duties is to provide assistance to the alleged victim of domestic violence in obtaining protective orders against the criminal defendant.

What is a Protective Order?

A protective order usually takes the form of a Magistrate’s Order for Emergency Protection pursuant to Article 17.292 of the Texas Code of Criminal Procedure. It prohibits the defendant from communicating or contacting the complaining witness. The defendant is ordered not to come within a certain distance of the complainant’s home or office. This is often problematic since the complainant’s home is, in many cases, also the defendant’s home. Once leaving jail, he is faced with having to decide how to get his things and where to stay without violating the terms of the order.

Bail and Bond Conditions

Another problem criminal defendants face in Harris County is that often the initial bail amount is set as high as $50,000 in domestic violence cases. Only after the defendant has been served a copy of a protective order will the prosecutor agree to a bond reduction. This is no comfort to a defendant who has had to sit in jail an extra day or two, or who made a $50,000 bond unnecessarily.

The judge can, in addition to ordering an extension of a protective order, impose bond conditions stating that the defendant will have no contact with the complainant. If alleged to be violated, this may result in the defendant’s arrest. Truthfully or not, the complainant may call the prosecutor and state that the criminal defendant has made contact with her – and this news will get back to the judge.

Stopping No-Contact Orders • Fighting Order Violation Charges

How does one go about getting a judge to lift or dismiss a no-contact order? How can you fight charges of a violation? A criminal defendant charged with this type of case should hire an experienced law firm like Stradley, Chernoff & Alford at the first opportunity. Contact us to ask about how to drop, lift, or appeal protective orders. We can help to keep false accusations and unfair motions for protective orders from landing you back in jail.