When it comes to family law, our team has seen it all. We have experience representing both men and women in divorce and separation cases, so we understand the nuances of each individual’s circumstances. Whether you need to file a restraining order or need an attorney to defend a restraining order, we work hard to get you the results you want while maintaining truth and integrity in our practice. For knowledgeable restraining order lawyers in Helotes, contact the team at Bineham & Gillen Law.
Family law (like divorce or custody) proceedings can take a while to run their course. In the meantime, you may need some guidelines on access to your children or the use of property. If either party files a Motion for Temporary Orders, a hearing will be held to allow a judge to determine the temporary orders that will be implemented.
If you believe your spouse may harm your property or children before the temporary orders hearing, you can file for a temporary restraining order.
Although temporary restraining orders and protective orders must both be signed by a court, there are some significant differences between the two.
A protective order is designed for abuse situations of a child or other family member. The order basically states the behaviors that the respondent must refrain from during the recorded amount of time in the order. A temporary protective order lasts 20 days, but once signed by a judge can last anywhere from 2 years to the entire lifetime of the petitioner.
A temporary restraining order is also meant to protect people, but it also handles the protection of property. A TRO can prevent stalking or harassment of people and it can limit a person’s use of certain objects — like cars or bank accounts — for a certain amount of time. The maximum length of a TRO is 14 days, after which it will expire or extensions will be added. To be clear, a TRO is an emergency court order.
A TRO does not include provisions about child custody, support or exclusion of a spouse from the home. However, in emergency cases, it can prevent a spouse from seeing a child until the hearing.
Unlike with a protective order, temporary restraining order violations are almost exclusively handled in civil courts. The party at fault can be ordered to pay fines for breaking the order. For severe cases, the party could be sentenced to jail time.
If you have been served a TRO, follow these steps closely:
***A TRO is not the same as a protective order. Being served with a TRO doesn’t necessarily mean you have done something wrong.
Our team simplifies temporary restraining orders (TROs) and takes the guesswork out of whether to file a protective order. TROs maintain the status quo and block actions. A protective order guards family members who are in danger.
It’s important to understand the difference between the filings, and which types of protection you can expect from each one. Bexar County law mandates TROs in all divorce and child-parent relationship cases. Our attorneys have years of experience and can help you navigate these waters.