Richmond Restraining Order Lawyer

Need help with a restraining order in Richmond, TX? Contact the top Richmond restraining order lawyer for help moving forward.

When threats or violence invade your home, your priority is safety. Texas law allows you to seek immediate legal protection, but acting quickly and choosing the correct order is essential.

At Frank Vendt Child Custody & Divorce Attorneys, our Richmond restraining order lawyers know how to move fast. We file emergency petitions, gather evidence, and seek protective orders to keep you and your family safe, often on the same day you call us.

We guide you through the legal differences between protective orders and temporary restraining orders, ensuring you receive the protection that fits your situation. Our attorneys can request provisions for home possession, firearm restrictions, and custody safeguards for your children.

If you’ve been wrongfully accused, we also provide strong defense representation to protect your rights, reputation, and future. You deserve an advocate who understands both the urgency and complexity of these cases.

Contact us for a free consultation and discover how our award-winning injury attorneys can help you seek compensation and justice.

Do You Need a Restraining Order in Richmond?

If someone in your family has hurt you, threatened you, or made you fear for your safety, you may need a protective order. Family violence includes physical harm, sexual assault, threats that make you reasonably afraid, or stalking behavior by current or former family members, household members, or dating partners.

You should consider seeking legal protection if you’re experiencing repeated threatening phone calls, unwanted contact after you’ve asked someone to leave you alone, or if someone has physically hurt you or your children. Emergencies that put you or your children in immediate danger warrant same-day legal action.

Everyday situations that qualify for protective orders include:

• Physical abuse: Hitting, pushing, choking, or other violent acts.
• Sexual assault: Forced sexual contact or rape.
• Stalking: Following you, watching your home or workplace, or tracking your movements.
• Threats: Verbal or written threats to harm you, your children, or your pets.
• Harassment: Repeated unwanted contact that causes you to fear for your safety.

What Is the Difference Between a Restraining Order and a Protective Order in Texas?

A protective order is a criminal court order that stops family violence and gives police the power to arrest someone who violates it. A temporary restraining order is a civil court order typically used in divorce cases that sets rules of conduct but doesn’t carry criminal penalties.

The key difference is enforcement power. When someone violates a protective order, police can arrest them immediately without having to witness the violation. Violating a temporary restraining order in Texas requires additional legal steps and doesn’t result in automatic arrest.

Temporary Ex Parte Protective Order

An ex parte order means the judge decides without the other person being present in court. You can get this emergency protection on the same day you file if a judge believes family violence happened and will likely happen again. These orders last up to 20 days and bridge the gap until your full court hearing.

Magistrate’s Order of Emergency Protection

This order happens automatically after someone gets arrested for family violence. A magistrate can issue this as part of setting bail conditions, and it remains in effect temporarily until the court modifies or replaces it.

Final Protective Order

A final order is issued after a full court hearing, during which both sides can present evidence. If the judge determines that family violence occurred and is likely to continue, they may issue an order lasting up to two years.

What Relief Can a Richmond Protective Order Include?

Courts can customize protective orders to address your specific safety needs. The judge has broad authority to include any provisions necessary to protect you and your family from further harm.

No Contact and Stay-Away Terms

The order prohibits all communication between you and the abuser, including phone calls, text messages, emails, letters, and contact through other people. It also requires the abuser to stay a specific distance away from your home, workplace, and your children’s school or daycare.

Firearm Prohibitions

Federal and Texas law require anyone subject to a final protective order to surrender all firearms and ammunition. The abuser cannot buy, possess, or access guns for the entire duration of the order. Protective orders can require the surrender of firearms; law enforcement can assist with collecting weapons and will provide instructions on how to comply.

Exclusive Use of the Home

The judge can order the abuser to immediately move out of your shared residence, even if their name is on the lease or deed. This gives you exclusive and peaceful possession of the home, ensuring you have a safe place to live while the order remains in effect.

Child Custody and Support Terms

Protective orders can include temporary custody arrangements, supervised visitation requirements, and child support orders. These provisions protect children from witnessing or experiencing violence while establishing stability during a traumatic time.

Child-related protections may include:

Temporary custody: 

Awarding you primary custody of the minor children.

Supervised visitation: 

Requiring professional supervision during the abuser’s visits.

School protection: 

Prohibiting contact at school events or activities.

Childcare decisions: 

Giving you the authority to make emergency medical and educational decisions.

Electronic Tracking Ban and Harassment

Modern protective orders address technology-based abuse by prohibiting GPS tracking devices on your car, spyware on your phone or computer, and monitoring your online activities. The order also forbids harassment through social media, email, or other electronic means.

How Do You Get a Protective Order in Richmond?

The process moves quickly when you have experienced legal help. We handle the complex paperwork and court procedures so you can focus on staying safe.

The five-step process includes:

Safety planning and consultation: 

We discuss your situation confidentially and help you create an immediate safety plan tailored to your needs.

Filing the petition: 

We prepare your Application for Protective Order with a detailed affidavit describing the family violence incidents, and we can file the petition promptly after you retain us.

Legal Service to the Respondent

A constable or sheriff’s deputy personally delivers the court papers to the abuser, officially notifying them of the legal proceedings.

Testifying Before the Judge

Within about two weeks, you’ll testify before a judge who will decide whether to grant a final protective order.

Order enforcement: 

If granted, the judge signs the order and enters it into the statewide law enforcement database for immediate enforcement by police.

What Evidence Do You Need for a Protective Order?

You don’t need a police report to get a protective order, though it helps strengthen your case. Your sworn testimony about what happened is often the most important evidence. We help you organize and present various types of proof to build the strongest possible case.

Types of evidence that support your case:

• Documentation: Police reports, medical records, or incident reports from employers or schools.
• Physical evidence: Photos of injuries, damaged property, or threatening letters.
• Digital evidence: Screenshots of threatening texts, emails, voicemails, or social media posts.
• Witness testimony: Statements from people who saw the abuse or heard threats.
• Pattern evidence: Records showing escalating behavior or repeated violations of previous orders.

The key is showing that family violence occurred and demonstrating why you reasonably believe it will happen again without court intervention.

How Fast Can You Get an Order in Fort Bend County?

In emergencies, same-day protective orders can be issued through the ex parte process. If you’re in immediate danger, we can often file your application and get a temporary order signed by a judge within hours of your initial consultation.

Fort Bend County courts often handle protective order cases on an expedited basis, scheduling final hearings as promptly as the court calendar allows. This quick timeline ensures you don’t remain vulnerable while waiting for permanent protection.

What Happens if a Protective Order Is Violated?

Violations of protective orders are serious criminal offenses that carry immediate consequences. Understanding what constitutes a violation and how to respond protects your safety and strengthens your legal position.

Criminal Penalties and Arrest

Violating a protective order is a Class A misdemeanor punishable by up to one year in jail and a $4,000 fine. If the person has prior violations or commits the violation while carrying a weapon, the charges can be enhanced to a third-degree felony, with a sentence of 2 to 10 years in prison.

Police have the authority to arrest someone for violating a protective order based solely on probable cause. They don’t need to witness the violation or obtain a warrant first.

How to Report and Document

Call 911 immediately if someone violates your protective order. Even seemingly minor violations, such as a single text message or brief phone call, are criminal offenses that should be reported to police to ensure proper enforcement of court orders.

Document every violation by saving messages, taking screenshots, recording what happened with dates and times, and obtaining witness contact information. This documentation helps prosecutors build stronger cases and may support requests to extend or modify your order.

How Do Protective Orders Affect Divorce and Child Custody?

Protective orders create legal presumptions that significantly impact family court decisions. A court finding of family violence affects property division, custody arrangements, and support obligations in divorce cases.

Texas law presumes that appointing an abuser as a joint managing conservator is not in a child’s best interest, which particularly affects fathers facing custody restrictions due to protective order findings.

What If You Were Served With a Protective Order?

Being served with a protective order application requires immediate attention and compliance. Even if you believe the allegations are false, violating any terms can result in your arrest and criminal charges.

You must follow every provision of any temporary order while preparing for your hearing. This includes avoiding contact with protected persons, surrendering firearms, and refraining from all forms of contact.

Your legal rights include:

• Hearing attendance: You can appear at the final hearing with or without an attorney.
• Evidence presentation: You may present witnesses, documents, and testimony in your defense.
• Cross-examination: Your attorney can question the petitioner and their witnesses.
• Appeal rights: You can appeal an adverse decision to a higher court.

An experienced attorney can challenge the evidence, present your side of the story, and argue against the necessity of a final order. We also help clients understand the long-term consequences of protective orders on employment, housing, and gun ownership rights.

Why Hire Frank Vendt Child Custody & Divorce Attorneys?

Our Richmond firm combines 85 years of legal experience with deep knowledge of Fort Bend County courts and procedures. We understand the fear and uncertainty you’re experiencing and act quickly to secure the protection you deserve.

We take a comprehensive approach that coordinates your protective order with any divorce or custody proceedings. This integration ensures your immediate safety needs don’t conflict with your long-term family law goals.

Our trauma-informed representation means we understand the emotional challenges you’re facing while maintaining the aggressive advocacy needed to protect your rights. We’re available for emergency consultations and can often file same-day applications when your safety is at risk.

Restraining Order FAQs

Can I Get a Protective Order the Same Day I Apply?

Yes, if you’re in immediate danger, a judge can issue a Temporary Ex Parte Protective Order on the same day you file your application, providing instant protection until your final hearing.

Do I Need a Police Report to Get a Protective Order?

No, police reports are helpful but not required. Your sworn testimony describing the family violence, combined with other evidence like photos, texts, or witness statements, can be sufficient.

Will My Personal Information Be Kept Private?

Yes, courts can seal your address, workplace, and children’s school information from public records to protect your privacy and safety from the abuser and their associates.

Does a Texas Protective Order Work in Other States?

Yes, the federal Violence Against Women Act requires all states to recognize and enforce protective orders issued in other states, making your Texas order valid nationwide.

Can the Judge Force My Abuser to Move Out?

Yes, even if the abuser owns the home or their name is on the lease, a judge can grant you exclusive possession and order them to vacate immediately.

Contact a Richmond Protection Order Lawyer Today

Your safety cannot wait, and neither should your legal protection. At Frank Vendt Child Custody & Divorce Attorneys, we provide immediate consultations and same-day filing services for clients facing dangerous situations.

We understand that reaching out for help takes courage, and we’re here to guide you through every step of the legal process with compassion and expertise. Our goal is not just to secure your protective order, but to help you build a foundation for long-term safety and stability.

Don’t face this dangerous situation alone. Call 281-944-5485 now for immediate help securing your protective order and taking the first step toward a safer future.