Protective Order Lawyer in Temple, Texas
Attorney Frank Cimino · Serving Temple, Bell County and Central Texas
A protective order can require a person to leave their home, stay away from family members or a workplace, and give up their firearms, sometimes for two years or longer. Attorney Frank Cimino represents clients in protective order hearings in Temple, Bell County, and throughout Central Texas, whether they are asking the court for protection or responding to an application.
Types of Protective Orders in Texas
Magistrate’s Order for Emergency Protection
Often issued at a first court appearance after an arrest for family violence, stalking, or certain other offenses. It usually lasts 31 to 61 days, and up to 91 days in some cases.
Temporary Ex Parte Order
Issued without a hearing, based only on the applicant’s sworn statement. It generally lasts up to 20 days and can be extended until the full hearing.
Final Protective Order
Issued after a hearing if the court finds that family violence occurred and is likely to occur again. It generally lasts up to two years, and longer in some serious cases.
Sexual Assault, Stalking & Trafficking Orders
Protective orders based on these offenses, which can be sought regardless of the relationship between the people involved.
What a Protective Order Can Require
- Staying away from the protected person’s home, workplace, school, or child care facility
- No communication with the protected person, directly or through others, in a threatening or harassing way
- Moving out of a shared residence
- Giving up firearms and not possessing a firearm while the order is in effect
- Completing counseling or a battering intervention program
Why a Protective Order Matters
Violating a protective order is a criminal offense in Texas. It is usually a Class A misdemeanor, and it can be charged as a felony when there are prior violations or when the violation involves an assault or stalking. A protective order can also affect your right to own firearms under both state and federal law, your housing, your employment, professional licenses, and military service.
If there is also a related criminal case, anything said at the protective order hearing can be used in that case. It is important to have a lawyer who understands both sides of the situation before you testify.
How Frank Can Help
- Review the application and explain what the court will decide and what is at stake
- Gather evidence, identify witnesses, and prepare you to testify
- Present your side at the hearing and cross-examine witnesses
- Discuss whether an agreed order or other resolution makes sense for you
- Coordinate the protective order case with any related criminal charge
What to Bring to Your Consultation
- The application, any temporary order, and any papers you were served
- Any magistrate’s order or bond conditions from an arrest
- Your hearing date and court information
- Relevant texts, emails, social media messages, photos, or recordings
- Names and contact information for any witnesses
Protective Orders in Bell, Coryell and McLennan Counties
Frank represents both people seeking protective orders and people responding to them in Bell, Coryell and McLennan counties. Applications are usually filed in the county where the applicant lives or where the family violence took place, often with help from the county or district attorney’s office. Hearings for Temple, Killeen and Belton are held in Bell County, for Copperas Cove and Gatesville in Coryell County, and for Waco in McLennan County.
What Happens After an Application Is Filed
A judge may sign a temporary ex parte order the same day the application is filed, without hearing from the other side. The person named in the application is then served with the papers and a hearing date, which is usually set within about 14 days. At the hearing, both sides can testify, present evidence and question witnesses. If the judge grants a final order, it usually lasts up to two years and can last longer in some cases. Until the hearing, any temporary order must be followed exactly.
Protective Order Questions and Answers
What happens if a protective order is violated?
Violating a protective order is a crime in Texas and can lead to an arrest. Repeated violations, or violations involving an assault or stalking, can be charged as a felony.
Will a protective order affect my right to own a gun?
In many cases, yes. While a protective order is in effect, Texas and federal law can prohibit the person it is against from possessing firearms.
I was served with a protective order. Can I respond?
Yes. You have the right to attend the hearing, present evidence and question the person who applied. Bring any messages, records or witnesses that support your side, and follow any temporary order until the hearing.
Can Frank help me get a protective order?
Yes. Frank can help you prepare the application, gather evidence and present your case at the hearing.
Facing a Protective Order Hearing? Talk With Frank.
To talk with Attorney Frank Cimino about your case, call (254) 220-4096 or send us a message. Office: 704 North 3rd St., Temple, TX 76501.
This page provides general information, not legal advice. Contacting the firm does not create an attorney-client relationship. Every case is different, and past results do not guarantee a similar outcome.