If you or your child has become a victim of family violence, you should take immediate action to protect your family. You could call the authorities or seek an emergency shelter, apart from these effective ways to put a temporary hold on the problem, you should acquire a protective order. It would help prevent any violence in the future.
Your protective orders attorney houston, tx would handle family law cases. When retaining a protective order attorney, consider a team that would work hard for safety and protection of your rights. If you or your children were in danger, do not delay any further. Get in touch with a family attorney immediately to handle the case for you.
Understanding the difference between a protective order and a restraining order
The victims of family violence could protect their families by acquiring either a protective order or a restraining order.
Find below the major differences between the two –
Protective orders would offer enforceable protection for you and the family members. These kinds of orders could prohibit the offending party from getting near you or your family members. In the event, the prohibited party violates the terms of the order, they would be in violation of the law and could be arrested.
On the other hand, a restraining order has been popular between the two. It has been relatively easier and quicker to acquire a restraining order. You do not require proving that any domestic violence had occurred or testify it in the court of law. However, they would be considerably weaker than a protective order, as they cannot be enforced by law enforcement, but only by the courts.
What are the requirements for acquiring a protective order?
Rest assured that a protective order could not be issued unless there had occurred family violence. The major reason is that the orders have a considerable effect on the rights of the third party. It could have severe repercussions on their daily life and career.
Usually, the following would be needed to acquire a protective order –
- occurrence of family violence
- ability to prove that violence had occurred
- proof there are chances of violence occurring again
How long would a protective order last?
The length of a time that a protective order could last would be dependent on a wide number of aspects. These would be inclusive of the following –
- the kind of abuse involved
- the presence of children
- the severity of inflicted harm
- history of previous abuse
- was there an arrest made before
- any chances of future abuse occurring
Protective orders would last for two years. However, they could be longer in a few circumstances inclusive of stalking and sexual assault.