Thanksgiving should be a time for family bonding and celebration, but unfortunately, it is also a time when family conflicts can escalate. If you have been accused of family violence during the holiday weekend, it is essential to understand the legal implications, including the possibility of a no-contact order being issued against you. No-contact orders are a critical aspect of many family violence cases, and they carry significant consequences. This guide will walk you through how these orders work in Texas, the legal process involved, and what steps you should take to protect yourself and ensure compliance.
What is a No-Contact Order?
A no-contact order, also known as a protective order, is a legal directive issued by a court that prohibits an individual from having any communication or contact with another person. In the context of family violence, it is often ordered to protect the victim from further harm, whether physical or emotional.In Texas, no-contact orders are typically issued in cases of family violence, such as assault, threats, harassment, or other forms of abuse. They can be requested by law enforcement, the victim, or the court, and they may be temporary or extended for a longer period, depending on the severity of the situation.
How Does a No-Contact Order Work?
Once a no-contact order is issued, the accused person is prohibited from having any form of communication with the victim. This includes:
In-person contact: No physical interaction or presence at locations where the alleged victim may be.
Phone calls or text messages: Any form of electronic communication is prohibited.
Social media and online communication: Even indirect contact via social platforms, emails, or online messaging is banned.
Third-party communication: Even using friends or family members to communicate with the victim is forbidden.
Violation of the no-contact order is a serious offense, and individuals found to be in breach of it can face additional criminal charges, including contempt of court or more severe criminal consequences.
Why are No-Contact Orders Issued?
The primary reason for issuing a no-contact order is to protect the alleged victim from further harm. In many cases of family violence, emotions run high, and it is common for further incidents to occur if the accused individual is allowed to continue interacting with the victim. The no-contact order ensures the victim’s safety and provides space for the legal process to unfold without the risk of further abuse or intimidation.
When Are No-Contact Orders Issued in Texas?
No-contact orders in Texas are typically issued after an arrest for family violence. If law enforcement believes that the victim is in danger or at risk of further harm, they may request that the court issue a temporary no-contact order. The order can be issued during the arrest or as part of the pre-trial process.The Texas Family Code requires that the alleged victim be notified of the order and its terms. In some cases, a protective order can be issued for up to 20 days without the need for a court hearing. If the order is extended, a full hearing will take place to determine if the no-contact provision should remain in effect.
The Impact of a No-Contact Order
Having a no-contact order issued against you can significantly impact your daily life. The immediate consequences can include:
Inability to return home: If the victim resides at the same address, the accused may be prohibited from returning to the home or contacting other family members living there.
Limitations on work or school: If the victim and accused share a workplace or attend the same school, the order may restrict any interactions.
Loss of rights: In some cases, a no-contact order may result in the temporary loss of other rights, such as the ability to see children or participate in family activities.
What Happens If You Violate a No-Contact Order?
Violating a no-contact order in Texas is a serious offense that can lead to criminal charges. Penalties for violating the terms of a protective order can include:
Criminal contempt charges: A violation of a no-contact order can lead to charges of contempt of court, which may result in additional legal penalties.
Additional arrest: If you are caught violating the order, you could be arrested and face further legal action.
Longer terms of the protective order: Violating the order could lead to a longer duration of the no-contact order, making it harder for you to rebuild normal relationships with your family or the alleged victim.
What to Do If You’ve Been Issued a No-Contact Order
If you have been accused of family violence and a no-contact order has been issued, it’s crucial to take the situation seriously and comply with the terms of the order. Below are steps you should take to protect yourself legally:
Seek Legal Counsel Immediately
If you have been accused of family violence and are subject to a no-contact order, consulting with an experienced attorney is essential. Your attorney can guide you through the legal process, advise you on your rights, and help you understand the full implications of the order.
Do Not Violate the Order
It is imperative that you do not contact the alleged victim, either directly or indirectly. Violating the no-contact order can result in further legal trouble and significantly harm your defense case.
Follow Court Orders
Attend all court hearings related to the case and ensure that you fully understand the terms of the protective order. This is important not only for complying with the law but also for demonstrating your commitment to resolving the issue through legal means.
Consider Mediation or Counseling
In some cases, the court may offer mediation or counseling services as part of the resolution process. Engaging in these services may help demonstrate your willingness to resolve the situation peacefully and can potentially influence the court’s decision regarding future orders.
Prepare for Your Day in Court
If a full hearing is scheduled, be prepared with the help of your attorney. The court will assess the facts of the case, including any evidence of family violence, and determine whether the no-contact order should remain in effect.
How a Family Violence Charge Can Affect Your Future
Being accused of family violence can have lasting consequences on your future, both legally and personally. In Texas, a conviction for family violence can lead to serious consequences, including:
Criminal Record: A family violence conviction will result in a permanent criminal record, which can affect employment opportunities, housing, and other aspects of life.
Loss of Child Custody: If you have children, a family violence conviction may impact your ability to obtain or retain custody or visitation rights.
Increased Penalties: Future accusations of family violence may result in harsher penalties, particularly if there is a history of abuse or violation of protective orders.
Why You Need an Experienced Family Violence Attorney
If you are facing family violence allegations, especially over a significant holiday like Thanksgiving, having an experienced attorney by your side is essential. At The Greening Law Group, we specialize in defending individuals accused of family violence in College Station, TX. Our team understands the complexities of these cases and works tirelessly to protect your rights and freedom.If you are facing a no-contact order or other legal action, contact us today to schedule a consultation.Disclaimer: This article is for informational purposes only and is not legal advice. Consult an attorney about your specific situation.
