More About Protective Orders

Protective orders are vital legal instruments designed to protect victims of domestic violence, assault, abuse, stalking, and threats from family or household members, or current or former dating partners. This blog post explores key considerations related to these cases, building on topics discussed in our previous articles on [Legal Protections for Family Violence (Part 1)] and [Legal Protections Available for Family Violence (Part 2)]. At the bottom of this post is a link for more details about the topics discussed herein.

Whether you are seeking a protective order or one is being sought against you, it is important to keep the following considerations in mind:

1. Evidentiary Challenges: Family violence cases often involve unique challenges, such as the lack of witnesses or ambiguous physical evidence. It is crucial to determine whether injuries were caused by an attack, were defensive in nature, or resulted from an unrelated event. Consistencies and inconsistencies in statements made to authorities, healthcare providers, and others are significant, as are the congruences between injuries and incident reports. Both the petitioner and the accused should concentrate on case details, as resolutions often hinge on these specifics.
2. Emergency vs. Long-term Protective Orders: In Texas, Emergency Protective Orders can be issued without a hearing following an arrest for a family violence crime, typically lasting 61 days. These differ from longer-term protective orders, which are granted by a District Court after a formal application and hearing.
3. Investigative Process: Investigations usually commence with a police report. It is important to ensure consistency between the police report, medical records, witness statements, and other evidence such as photos or recordings. Discrepancies can be used by defense attorneys to question the credibility of the incident.
4. Witness Testimony: Witnesses are crucial in supporting or refuting allegations, when they are available. Unfortunately, often they are not available. Attorneys should gather testimony from any and all witnesses, and then, assess their consistency with other evidence. A supposedly impartial witness’s refusal to cooperate may indicate bias, affecting their credibility at trial, when the refusal to cooperate is presented to the court. Naturally, friends and relatives of either the accuser or accused will not, likely, cooperate with the other party.
5. Medical Evidence: If the alleged victim sought medical treatment, the medical report is pivotal in confirming whether injuries align with the victim’s account. There will be a History, section, in which the healthcare provider describes what the patient related about the injuries. There may, also, be drawings or photographs.  Both parties should be aware of the existence and implications of this information.
6. Communication Analysis: Examining communications between the parties before and after the incident can offer insights into the events. Text messages or other communication forms may clarify what likely occurred.

These considerations are further discussed in this blog post, “Important Factors in Cases Requesting Protective Orders.”

Conclusion

Protective order cases can significantly impact the lives of those involved. It is essential to approach these cases seriously to ensure the court makes informed decisions about issuing a protective order. By focusing on details and evidence, legal professionals can better serve their clients and uphold justice.