Protective Orders and Restraining Orders are two different things. There are also two types of protective orders, an emergency protective order and a permanent protective order. Generally, if a judge issues an emergency protective order at the time of arrest, those emergency protective orders generally last for 30, 60 or 90 days. After an assault has happened an alleged victim may go down and file a petition and ask the court to issue a permanent protective order. Permanent protective orders are generally issued for 2 years in a typical assault allegation, but when there is a more serious allegation such as an aggravated assault, a continuing domestic violence assault, or a sexual assault, a judge may issue a permanent protective order for up to 5 years or even for a lifetime. It is important that if you do receive notice that the complainant in your case has filed for a permanent protective order, that you notify your attorney immediately.
Permanent protective orders applications are filed in the civil courthouse and are given a civil cause number and are a civil case apart from the criminal case in the criminal courthouse. A lot of times, in my experience, when I’m representing somebody who is charged with a criminal offense of domestic violence and then they receive notice that the alleged victim has filed for a permanent protective order, the defendants make the mistake of assuming that I am aware of this application or that I have also been notified. Sometimes defendants fail to show up at these hearings and get default judgments or the order gets granted without them having an opportunity to attack the veracity of the allegations. If you receive notice that the complainant in your criminal case has filed for a permanent protective order, you should notify your attorney immediately so that you can begin preparing your defense.
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If you do not receive notice of a hearing regarding a permanent protective order and you are already under the emergency protective order that was issued at the time you were magistrated following your arrest, those emergency protective orders generally have a natural expiration date of 30, 60 or 90 days. The date of the expiration of the emergency protective order can usually be found on the last page of the document. But please keep in mind that just because the protective order may die a natural death 30, 60, or 90 days after its issuance does not mean that the bond conditions are done. If, as a condition of your release the judge ordered you to have no contact and/or to stay 200 yards away from the complainant in the case, that bond condition continues to remain in effect as long as you are out on bond even after the protective order has expired. These can be tricky areas to navigate and that’s why you should always consult with an experienced domestic violence attorney on these matters.
For more information on Timeline Of Protective Orders In Texas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 478-9898 today.
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