Preparing for a Protective Order Hearing
Getting a protective order is not an easy or simple process. If you want long-lasting protection from someone who has physically abused you, you will have to appear at a court hearing and make a case to prove that you have suffered family violence. This can be a major ordeal, but a Texas family law attorney can provide you with advocacy and advice as you petition for a protective order.
At Powers Kerr & Rashidi, PLLC, our lawyers are board-certified in family law. When you work with our firm, we will fight for your right to safety, making sure that the judge hears your side of the story.
Gather Evidence
To support your claim of family violence, you will have to present evidence showing a pattern of abuse. Under Texas law, family violence is defined as any act intended to cause bodily injury, including sexual assault. It can also include threats of physical harm, even if no contact is made. Photographs of your injuries can serve as proof of the harm done to you, in addition to threatening communications like texts or voicemails.
Before you make your court appearance, you should document any instances of abuse against you or your family. At Powers Kerr & Rashidi, PLLC, our lawyers can help you compile this evidence to present to the court.
Find Witnesses
In a hearing for a protective order, the judge may struggle with conflicting testimony from you and your abuser. Having a witness who can back up your account can strengthen your case. Possible witnesses may include relatives, neighbors, friends, or a police officer.
The judge can then ask the witness questions to get to the root of the issue and determine whether an act of family violence occurred. At Powers Kerr & Rashidi, PLLC, we can help you identify potential witnesses in your case. Ideally, this testimony should corroborate your side of the story and provide additional details. Our lawyers can question the witness to support your case.
Be Punctual
Lastly, it is important that you show up to the scheduled court hearing. If your abuser does not appear in court, the judge could impose a default judgment against him or her. This means that the court will automatically grant the order of protection. On the other hand, if you fail to appear in court, the judge might dismiss your case. Alternatively, you can petition for a later date within 14 days of your request.
If possible, you should try to show up early to court. At Powers Kerr & Rashidi, PLLC, we can keep you informed of your court date and inform you of where and when to show up at the courthouse.
Meet With an Austin, TX Family Law Attorney
The court hearing is arguably the most important step in the process of getting a lasting protective order. At Powers Kerr & Rashidi, PLLC, we can help you prepare for your court appearance, making sure that your case is ready to present before a judge.
Our Travis County, TX family lawyers are here to listen to your concerns and make you feel comfortable. Call us at 512-610-6199 to schedule a consultation today.