Law Offices of Tim Powers, Denton, Texas
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A protective order is a civil court order issued to prevent continuing acts of family violence. Protective Orders can also be used to stop the person from committing further acts of violence, such as harassment, threats, or communication with the victim.
Each protective order has certain conditions that the person the order is against must fallow. According to article 17.292, the person is prohibited from:
- Committing family violence or assault
- Communicating directly with a member of the family or household or with the person protected under the order.
- Threatening or harassing the protected person and their family
And is specifically prohibited from going 500 feet of the following locations:
- Examples , X, Y and Z
Most of the time, when a person is alleged to have committed an assault against their spouse, a protective order is issued. As I said before, protective orders are specific. They state who they can be in contact with and the places they can’t go to/ meet at with the person protected by the order. With this being said, although the arrestee can’t go 500 feet near the protected, we can’t always gage our location. Meaning, the protected person does not have a 500 feet force field around them regardless of their location. Another point to make out is that the two people can meet and be together, as long as it’s not at the place of residence or within 500 feet of a location specifically listed in the order. So in other words, protective orders are geographically specific.
So let’s say we have a husband and a wife. Let’s say the wife has a protective order against her husband due to an assault/ family violence issue. Let’s say they go out of the country and come back into the country together to the DFW Airport. The Customs and Boarder Protection Officers see the husband and his wife (the protected) together and the officers see the protective order entered on the husband’s criminal history. The husband didn’t expect to be stopped because he was not in violation, so the husband does not have his certified copy of the order with him. In Customs and Border Protections eyes, the husband is considered in violation of his order. He is then detained at the airport and then sent to Denton County (which is where the order was filed) and the husband is then released.
Even though the husband was not in violation of his order, he had to go through all that trouble because he didn’t have his certified copy of the order with him. If you are under a protective order, it is super important that you carry a certified copy of the order with you at all times. That way, if there is a problem, you can show how the order reads and avoid an illegal detention.
If you are seeking aggressive criminal representation by an experienced criminal defense attorney for your Denton County criminal case or arrest in Denton County, contact the offices of Tim Powers today. There is no charge or obligation for the initial consultation. 940.580.2899
*Tim Powers is an attorney licensed to practice law by the Supreme Court of Texas. Nothing in this article is intended to be legal advice. For legal advice about any specific legal question you should directly consult an attorney. Criminal Defense Lawyers with Unparalleled Passion for Success Providing Quality Representation for your Denton, Lewisville, Flower Mound, Carrollton, Corinth, Highland Village Dallas, Plano, McKinney, Denton County, Tarrant County, Collin County, or Dallas County criminal case