Are you facing a restraining order in McKinney, Texas? An experienced McKinney restraining order lawyer from Chiles McGuire Criminal Law can help you protect your rights and tell your side of the story. Contact (214) 432-6540 today for a free case evaluation.
These orders can affect your rights to communicate with others and restrict your freedom in general. A dedicated legal advocate can help you understand your rights and take the next steps.
Why Hire Chiles McGuire Criminal Law for Your McKinney Restraining Order Case?
Restraining order hearings proceed quickly to help the person alleging abuse or harassment. Violating an order can lead to criminal charges. Some orders or requests go too far and restrict your right to communicate and travel freely in McKinney, TX, especially when they are based on he-said, she-said statements without corroborating evidence.
You need a dedicated legal team that understands Texas restraining order laws and can help you achieve a fair result.
Our clients trust the McKinney criminal defense attorneys at Chiles McGuire Criminal Law because:
- Our practice focuses entirely on criminal defense and related proceedings in Collin County courts.
- Our McKinney criminal defense attorneys have earned a 5.0 Google rating based on client feedback.
- Our attorneys have been recognized by Super Lawyers.
- We prepare every case as if it is going to a full hearing, giving you the best possible position.
- We handle sensitive family matters with complete privacy.
Call today to speak with a McKinney restraining order attorney about your case.
Types of Restraining Orders in Texas
Texas law has several distinct court orders that are designed to restrict certain parties from contacting or being in close proximity to one another.
Protective Orders
Protective orders are the standard legal remedy in domestic violence cases and are found in Chapter 85 of the Texas Family Code. A protective order can stop someone from contacting you, keep them away from specific locations, and even order them to leave a shared home.
They can also require the accused to give up their guns and set temporary child custody or support rules. Final protective orders usually last up to two years, though longer extensions may be granted.
Temporary Ex Parte Protective Orders
When a person’s immediate safety is at issue, an applicant may request a temporary ex parte protective order under Tex. Fam. Code § 83.001. Judges issue these emergency orders without a full hearing or the accused party automatically being present. They generally stay in effect for up to 20 days until a formal hearing takes place.
Magistrate’s Orders of Emergency Protection
After an arrest for domestic violence, sexual assault, stalking, or human trafficking, a judge may issue an emergency protective order. These orders are issued automatically after an arrest and typically last 31 to 91 days.
Temporary Restraining Orders
Temporary restraining orders (TROs) are issued in family court cases, such as divorces. Governed by Rule 680 of the Texas Rules of Civil Procedure, these TROs protect marital assets, set communication rules, and protect the safety of a couple’s children. They do not carry immediate criminal penalties like protective orders do.
Civil Harassment Restraining Orders
Texas law also allows protective orders for stalking or sexual assault cases outside of family relationships under Chapter 7B of the Texas Code of Criminal Procedure.
Grounds for a Protective Order in Texas
To get a domestic violence protective order under Tex. Fam. Code § 85.001, the applicant must prove two main elements:
- Family violence happened in the past.
- Family violence is likely to happen again in the future.
Under Tex. Fam. Code § 71.004, family violence includes acts meant to cause physical harm, assault, or sexual assault. Likewise, credible threats that make a family member fear physical harm can also constitute family violence.
The parties must also have a qualifying relationship under Texas law. This includes spouses, former spouses, co-parents, blood relatives, foster family members, and people who currently or previously lived together.
Immediate Consequences of a Protective Order
Once a protective order is granted, it imposes immediate legal requirements on the party subject to the order. These include:
No-Contact Rules
The person named in the order cannot reach out to the protected individual directly or indirectly. This includes phone calls, text messages, social media, or messages sent through third parties.
Stay-Away Rules
The order usually requires the person to stay a specific distance away from the protected individual’s home, job, school, etc.
Removal from the Home
Judges can order someone to leave a shared home, even if their name is on the deed or lease.
Firearm Restrictions
A protective order triggers federal firearm bans under 18 U.S.C. § 922(g)(8), making it illegal to own or possess guns. Texas state courts also routinely order individuals to surrender their weapons.
Child Custody and Visitation
A protective order can influence child custody and child support payments. These temporary decisions often affect long-term family court cases.
Immigration Consequences
A Texas protective order can also lead to immigration problems for non-citizens. Under federal law, a court finding of family violence or a related conviction can be grounds for deportation. These legal proceedings can also harm your chances of getting a green card, renewing a visa, or becoming a U.S. citizen.
Professional and Licensing Impact
Active protective orders can jeopardize professional licenses, especially for military members, law enforcement officers, and licensed security personnel.
Defending Against a Restraining Order in McKinney
If you are served with a protective order petition, you have the right to challenge the claims at a court hearing. Common defenses include:
Lack of Family Violence
The person filing the petition must prove that family violence actually occurred. Without clear evidence or reliable testimony, the judge must deny the request.
No Likelihood of Future Violence
Proving a past argument is not enough on its own. The applicant must show that violence is likely to happen again. A single past incident without an ongoing threat does not meet the legal standard.
False Allegations
Protective order petitions are sometimes filed during bitter divorces or custody disputes. Text messages, emails, and witness statements can expose inconsistencies in the applicant’s story.
Self-Defense
Domestic disputes can involve both people. If you used reasonable force to protect yourself from harm, you can present self-defense arguments at the hearing.
No Qualifying Relationship
The parties must meet the legal requirements for a family or household relationship. If they do not qualify, the court must dismiss the petition.
Seeking a Restraining Order for Protection
If you are facing threats or physical harm, Texas law provides options to help protect your safety:
Filing a Petition for a Protective Order
You can file a petition in the district court where either person lives. The petition must detail specific incidents of violence and describe the relationship. In some cases, the Collin County District Attorney’s Office can file on your behalf.
Requesting a Temporary Ex Parte Order
If you are in immediate danger, you can ask the court for an emergency order to protect you while you wait for the full hearing.
Working with Law Enforcement
The McKinney Police Department and Collin County Sheriff’s Office help enforce emergency orders and connect victims with assistance programs.
Gathering Evidence
Collecting clear evidence is key, including photos of injuries, text messages, call records, witness statements, and medical records.
How Restraining Orders Intersect with Domestic Violence Allegations
Requests for protective orders often follow a domestic assault or family violence arrest. The civil protective order moves on an expedited schedule, while the criminal charge proceeds separately under the beyond-a-reasonable-doubt standard. Anything you say during a protective order hearing can be used in your criminal defense.
Violating a protective order is a crime. Under Tex. Penal Code § 25.07, a violation is usually charged as a Class A misdemeanor, punishable by jail time and fines. Repeat offenses or violations involving weapons can lead to felony charges.
A violation is prosecuted separately from assault charges; therefore, one event can result in multiple criminal cases.
How a McKinney Restraining Order Attorney Can Help
Handling a restraining order case without an attorney puts you at a disadvantage.
An experienced McKinney criminal defense lawyer can protect your rights by:
- Gathering defense evidence and preparing witness testimony for your hearing
- Questioning witnesses and challenging weak evidence in court
- Negotiating agreed orders to help limit harmful side effects when appropriate
- Coordinating civil defense efforts with criminal defense strategy in related cases
- Handling issues involving firearm rights, child custody, and professional licenses
- Representing you at future hearings to modify, extend, or end existing orders
If you are seeking protection, an attorney can draft the petition, compile supporting evidence, and present a strong case at your hearing.
Contact a McKinney Restraining Order Attorney for Help
If you need to respond to a protective order petition or want to request legal protection, Chiles McGuire Criminal Law can help. A protective order can restrict where you live, whom you see, and your legal rights. Once someone files a petition, you must take action. Our attorneys will review your case and start preparing your defense.
Call today to schedule a confidential consultation to discuss your options with a McKinney restraining order attorney.
