Consequences of a Protective Order in Texas

When I was a prosecutor, one of my responsibilities was filing protective orders for victims of domestic abuse whose cases were sent to our office. I was surprised by how many men simply agreed to have a protective order enforced against them without even going through a hearing in front of the judge. I remember one guy telling me, “It’s fine, dude. I don’t care, I’m never going to see the crazy b**** again…”.

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Sadly, most men don’t understand the consequences that come with having a protective order entered against them. A protective order is not simply a “stay away from her” order. Take a look at some of the mandatory conditions that will occur after a protective order is entered against you:

1. The court will suspend your license to carry a firearm. Not only will your license to carry be suspended, but most courts also expand the consequences of a protective order to prohibit you from possessing or transferring any firearms or ammunition. Additionally, federal law prohibits anyone subject to “qualifying protective order” from possessing a firearm.
2. The court can order you to complete a 6-month Batterers Intervention Program. This is a costly and time-intensive anger management program that you will have to attend 1-2 times a week for 6 months, and you will be required to pay for the program.
3. The court can prohibit you from seeing or communicating with any children you have with the alleged victim. Typically, the protective order prohibits contact or communication with the alleged victim, but if the judge finds “good cause,” they can prohibit you from seeing your children, going to your children’s school or daycare, and even speaking with your children over the phone.
4. Possible immigration consequences, including deportation/exclusion from the United States. This is a big one for many of my clients who are non-citizens. If you are subject to a protective order and are found to have intentionally violated any conditions of the protective order, you can be arrested and potentially deported if you are not a US citizen.

These are only a few of the consequences that come from having a protective order entered against you. If you or a loved one have been arrested for a domestic assault and the prosecutor seeks to enforce a protective order against you, you need an aggressive and experienced criminal defense team working for you to fight for you.

Call the attorneys at Hamilton Grant today to make sure your rights are protected.