Let’s follow up last week’s post with some more information for Dallas residents considering a protective order. There are actually different types of orders available for different scenarios, depending in part on the nature of a dispute. Family law professionals can help individuals decide which is the right option for them.
A restraining order is what one seeks when one needs to stop someone else from taking some course of action. Such actions barred by a restraining order could range from closing bank accounts or transferring certain property to taking the children to see a medical provider of whom one parent disapproves. A judge will not need to hold a hearing before signing a temporary restraining order for 14 days, which may be renewable for another 14 days if necessary; it may even remain in place as an injunction while a trial is pending.
Emergency orders of protection are similar legal mechanisms more commonly used in domestic violence situations to protect victims, including spouses and children. They will generally stipulate that one person stay away from another person or off of some property. A Dallas parent may also be able to seek temporary custody of a child if an emergency order has been sought against the other parent. Emergency orders may last for up to a year once a hearing has been held.
Obviously, these types of orders will come about during particularly challenging, highly emotional times. Individuals seeking orders of protection likely feel that they or their children are in danger; they may already have been the victims of abuse. And they may even fear that by seeking an order, they’ll only provoke additional violence.
Our online resources devoted to restraining orders in Dallas may be a helpful starting point for residents concerned that they may need to pursue one of these options. A sensitive family law professional can be an important guide through this difficult time.