No contact orders, commonly known as restraining orders, are directions from a court specifying the type of contact a person can make with another person, family home, or child. No contact orders are often issued in cases of domestic violence or assault on family member. Understanding how no contact orders are created and enforced is important to the protected person and the restrained person.
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If the accusations that lead to a no contact order are false, Houston domestic violence lawyer Lisa Shapiro Strauss can help fight the charges.
Obtaining A No Contact Order
The most common steps for obtaining a no contact order are:
- Apply to the court for a temporary restraining order. This requires an application in the county where you live or the abuser lives.
- Complete the application forms. An attorney can check your forms for accuracy.
- Judge reviews petition. The judge may wish to ask questions about your application for no contact. If the application is for a temporary order, the judge can issue a short-term no contact that lasts 15 days. A permanent order requires a court hearing.
- Court clerk issues a Notice of Application for a Protective Order. This allows the accused to get an attorney and defend himself/herself against the allegations.
- Attend a court hearing. At this hearing, the judge can grant a permanent protective order if the judge believes that it is likely the accused committed violence against you and will likely repeat.
False Allegations
No contact orders serve the important role of protecting men and women who feel threatened by others. However, these orders are also opportunities for false allegations.
Not all accusations are valid, and some will abuse the trust of the court system. Sometimes a spouse or family member will use a non-contact order as revenge for a nonviolent act, like adultery. Others will use non-contacts as an attempt to gain child custody.
Don’t fight false allegations alone. The courts will decide if the claims of assault on family member are valid, but the presence of a domestic violence lawyer can be vital in the outcome of your case. Contact the offices of Lisa Shapiro Strauss for a free consultation. False allegations and cheating the legal system are serious violations of the law.
Frequently Asked Questions About Family Assault
I Thought My Charge Would Be a Misdemeanor, But Now it is Continuous Family Violence. Why is This?
Assaulting a family member two or more times can result in felony continuous family violence charges in Texas. But you should keep a few things in mind:
• It’s not necessary to be charged with assaulting the same person twice.
• Occasionally, there may not be a statute of limitations on the previous charge.
• There need not have been a conviction associated with the previous charge.
Does a Family Violence Protective Order affect a Texan’s right to possess a firearm?
If you are the subject of a Family Violence Protective Order, your right to possess a firearm will be revoked. It is only possible to acquire gun ownership rights again if your conviction was expunged or set aside, or if you were pardoned or had your civil rights restored.
If the victim requests it, can I have family violence charges against me dropped?
The answer to this depends on several factors. Let’s start with the nature of the alleged act. What transpired? Were there any weapons involved?
Second, the existence of injuries is usually regarded as a sign of deeper problems in the household, which makes dropping the case difficult.
The criminal history of the defendant is also crucial. Having a criminal record, especially a history of family assault, immediately eliminates the possibility of dropping charges, even if the victim requests it.
What To Do If Served With A No Contact Order
If you’ve been served with a no contact order, it is important that you DO NOT violate the terms of the order. Do not text, call, reach out on social media, or have any other contact — even if the order is based on false allegations, and even if the person who obtained the order against you tries to initiate contact.
No contact orders start as temporary but can quickly become permanent. Before the courts rule on the order, insist on the help of an experienced domestic violence lawyer in Houston. A permanent no contact order can shatter your life, deny you access to your children, and leave your finances in a mess. Time is not on your side, and you must act quickly.
