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Protective Order

There are several situations that arise in family law which require immediate, emergency action Austin protective order attorney. The Texas Family Code outlines the legal procedure for obtaining emergency orders. The following is a general description of some of the emergency procedures available if you qualify.

Protective Orders

Protective orders are orders that address issues of family violence. The process for a protective order is twofold. First, the Court will grant a temporary emergency order based on the applicant’s affidavit. This can be obtained immediately, through an Austin protective order attorney without notice to the abuser and is good for 14 days. Second, a hearing must be held within 14 days, at which time the Court will hear both sides and if the evidence warrants, may issue a permanent protective order that typically lasts two years and may be renewed.

The emergency order can order the abusive spouse to vacate the home. A sheriff or constable will deliver the order to the abuser the day it is granted. If the abuser is in the home, the sheriff or constable will escort him from the property. It will also prohibit the abuser from going within a certain distance of you or your home and place of business, and the home and school of any child included in the order and harassing you. You will receive a copy of the temporary order, and if the abuser violates it, he will be arrested. The temporary order will also make limited orders regarding any children that are affected, usually prohibiting any contact until a hearing is held. It is important to note that a protective order is not a criminal action. The abuser will not be arrested unless he violates the order.

The permanent protective order granted after a hearing where your Austin protective order attorney will appear will be more detailed, and may include provisions for custody, visitation, child support, attorney fees, along with the provisions of protection. The Court may also prohibit the removal of a pet, companion animal or assistance animal, grant exclusive possession of a residence of a party and order the other party to vacate the property, and award the use of other property to a party. For example, if there is a vehicle, regardless of whose name it is in, the Court can order the exclusive use of that vehicle to one party. The Court can also order one party to make mortgage payments while the other party resides exclusively in the home. The Court may also order battering classes, prohibit the party found to have committed family violence from committing future family violence, and prohibiting communicating with the other party, directly and through third parties. The party found to have committed family violence will also be restrained from any conduct directed toward the protected party that is reasonably likely to annoy, harass, alarm, abuse torment or embarrass that person, including following that person. If the party restrained under the protective order violates the order, he will be arrested for a Class A misdemeanor, or felony, depending on the nature of the violation. This is true for both the temporary protective order and the final order.

A protective order may be requested by your Austin protective order attorney in conjunction with a divorce or SAPCR. Call an experienced protective order attorney today to discuss your rights.

If you have been unjustly accused of family violence in a protective order action, call DiafiLaw today and speak to an experience attorney about protecting your rights. Agreeing to a protective order when there is a finding of family violence should be done only if you are guilty of the acts described. A protective order goes on your permanent record and will negatively impact any future family matter in court. Call an experienced protective order attorney today to discuss your rights.

Writs of Attachment

Another type of emergency action available in Texas is the writ of attachment. You will require the assistance of an Austin writ of attachment and parental kidnapping lawyer. This type of order enables law enforcement to seize a child that has been removed illegally from the jurisdiction of the court, also called parental kidnapping. If a parent takes the children and disappears, it is imperative that you immediately contact an attorney and file suit, even if you do not know the whereabouts of the other parent and children. This is true even if the other parent has taken the children across state lines. The court can, upon sworn affidavit, issue a writ of attachment, ordering the return of the children and the other parent into Court. The writ will also order that the absconding parent be held in contempt, fined and even jailed if there is noncompliance. The writ can be used by law enforcement to physically remove children from a parent, even out of state. If you do not know the whereabouts of the absconding parent and children, once the writ is obtained a private investigator will be employed by DiafiLaw to locate the other parent and children. The writ is granted immediately upon filing of the lawsuit by you Austin parental kidnapping attorney. You do not have to stand by helplessly when the other parent absconds with the child, even without an order in place. Call a parental kidnapping attorney to discuss your case.