McKinney Protection Order Lawyer
To prevent a person from continually commit acts of violence on a family member, the state of Texas enforce a civil court order called protective order. Family violence in relation to this particular order refers to the physical act of harming one’s family or household member. It can also include physical violence threat or child abuse. The Texas court is convinced that there is high likelihood that family violence can have repeated occurrence. This is why a protective order is offered if the certain terms are made.
Some of the important terms are as followed:
- The victim and the accused have blood related or related through marriage
- The victim and the accused are living together or had lived together
- The victim and the accused have a child together
A person sanctioned by a protective order is not allowed to engage into any sort of violent act against family members protected by the order. He or she is also prohibited from threatening or harassing the victims either through direct or indirect communication. If a child is involved, the concerned individual may not be permitted to go near the school or any educational institutions where the child studies. Depending on the circumstances of the case, a protective order can also cover prohibitions on child visitation and possession as well as property selling or transfer. The offender may also be required to attend counseling or leave his or her residence.
When a person violates a protective order in the McKinney area, this means that he or she disregarded a judge’s direct order. Although the first reported offense usually leads to penalties for misdemeanor, this violation can still result to more serious consequences such as huge fines and incarceration. Violation of this order may also mean that police officers can immediately arrest the individual should they deem that such person continuously threaten or abuse the person or persons who are under the protective order. However, breaking some order provisions may not necessary lead to criminal offenses. The offender may just need to attend civil court to undergo trial, although he or she may still be fined and imprisoned. If the judge discerns that a person pose an imminent threat to the victim, the offender may not be allowed to request for bail. The application of a protective order is done through a private lawyer, county or district attorney or a service program offering legal help.
Attorney Mike Goolsby and his legal team of McKinney area attorneys are always willing to effectively defend a person charged with protected order violation. Due to its provisions, a protective order is popularly acquired by people who are undergoing a rough divorce. The Goolsby Law Firm will conduct a thorough investigation and will examine the statements made by the victims and witnesses. There are times when these statements are subjective and can be questioned especially if the case involves divorce or child-custody battles. There are also times when violation was made without criminal intent. The lawyers of The Goolsby Law Firm will be able to present these facts to the court to prevent the accused from being penalized.