Angleton Domestic Violence Lawyer

Defending Those Accused of Domestic Violence in Texas

The imposition of a civil restraining order against you can have very serious consequences. You can be forced out of your home, lose your child custody rights and lose your right to own a firearm.  A criminal conviction for violating a restraining order can result in jail time.

In either situation, you need a strong and effective advocate who protects your rights. Your family relationships, your career and possibly your freedom are at risk. At Jeff Gilbert Law Office, our domestic violence attorneys in Brazoria County assist clients charged with domestic violence throughout Southeast Texas.

What is a Protective Order?

A protective order, also known as a restraining order, is a legal order issued by a court to protect an individual from harassment, abuse, stalking, or threats by another person. These orders are typically used in situations involving domestic violence, but they can also apply to other forms of harassment or threats.

Key aspects of a protective order include:

• Purpose: To provide safety and prevent further harm or harassment to the victim by legally restricting the behavior of the alleged abuser.
• Provisions: The order may include provisions such as prohibiting the other person from contacting or approaching the victim, staying away from the victim's home or workplace, and sometimes temporary custody arrangements for children.
• Types: Protective orders can be temporary (emergency orders) or long-term, depending on the situation and the court's decision.
• Enforcement: Violating a protective order can result in legal consequences, including arrest and criminal charges.
• Process: To obtain a protective order, the victim typically needs to file a petition with the court, and a judge will review the case to determine if the order is warranted.

Representation At The Civil Hearing

Following the issuance of a temporary restraining or protection order, a hearing will be scheduled within two weeks regarding the issuance of a final protection order. It is essential to have legal representation at this hearing. Trying to represent yourself may produce an adverse result.

Founding attorney Jeff Gilbert represents clients in this hearing to protect their rights and present their side of the story. The goal is to prevent the issuance of a final order. If that is not possible, we seek to limit the restrictions that are placed on our clients.

Defense Of A Criminal Domestic Violence Charge

The police have very little flexibility in cases involving domestic disturbances. If they are called to the scene of an incident, they will arrest one of the parties in the dispute. It may be possible for our firm to obtain an affidavit of nonprosecution, or it may be necessary to aggressively defend the charge at trial.

We may be able to develop evidence in your favor that counters the allegations made in the criminal complaint in order to obtain a dismissal or not guilty verdict. In situations where this is not feasible, it may be possible to mitigate the penalties you face through your participation in a treatment program or anger management course.

Our Brazoria County domestic violence lawyers will explain your options so that you can make the decision that is right for you. We work diligently to protect your rights and pursue the best outcome possible.

Domestic Violence Charges And Consequences in TX

In Texas, domestic violence charges range in severity from physical contact, like pushing, kicking and hitting, to nonphysical interactions, like threatening and intimidating. Criminal domestic violence charges carry life-altering consequences. Even if it’s your first offense, being accused of domestic violence can mean loss of freedom, serious penalties and fines.