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Protective Orders

Smith & Garg - North Houston Attorneys

Sometimes during the course of a divorce, and often times at the beginning, it is necessary to seek protection from the Court and from local law enforcement because of domestic abuse or threats of abuse.  In such a case, a protective order becomes necessary.  In order to get a protective order, the following requirements must be met:

1. Family violence has occurred; and
2. Family violence is likely to occur in the future.

If the court finds that these two elements have been met, the court must enter a protective order which will apply only the person who committed family violence and may at its own discretion enter a protective order and apply it to both parties if it is in the best interest of the family or household.  Anytime there is a threat of domestic violence or if domestic violence has occurred in the past, it is best to strongly consider obtaining a protective order.  Courts, in the face of family violence, will likely err on the side of caution and enter a protective order.  If you have been a party to family violence in the past and likely face it again, contact the experienced Conroe divorce attorneys at Smith & Garg today to schedule a consultation.