In domestic violence cases, it is not uncommon for alleged victims to request a protective order for their alleged perpetrators. Houston has two different types of protection orders: protection orders and no contact orders.
When the court determines whether there was an intimate relationship or not, it can take into account factors such as the duration of the relationship, the frequency of the interaction, whether the relationship has ended, and the nature of the relationship, characterized by the expectations of any of them such as a party, sexual or romantic relationships.
Protection orders are issued in civil courts and do not require the arrest of the alleged offender. There are basically three types of protection orders:
- Emergency order: If the court is closed for a day or a weekend, the alleged victim can file a petition for emergency assistance. The emergency order lasts 72 hours, after which the alleged victim can request a temporary order.
- Interim Order: Prospective victims often request interim orders at the same time as standing orders, and interim orders will remain in effect until the standing order hearing takes place. The judge may order temporary custody or temporary attendance.
- Permanent Order – Following a hearing in which both the alleged victim and the alleged perpetrator have the opportunity to obtain lawyers and present evidence and their version of the story, the judge can issue a permanent order that will last for up to one year.
On the other hand, contact orders are not issued in cases involving criminal charges. The alleged victim is not required to request a contact ban order, as prosecutors may request it when the alleged perpetrator first appears in court. Depending on the stage of the criminal case, there are two forms of contactless orders:
- Temporary Contact Ban – A judge issues a temporary contact ban when an alleged perpetrator is arrested for a domestic violence crime and the judge determines that there is probable reason to believe the alleged perpetrator has committed a domestic violence crime. or violated a previous protective order Houston, contact ban, or consent agreement, and any contact with the alleged victim poses a threat to his or her safety.
- Permanent Communication Ban Order – The court may amend, revoke, or order an extension of the temporary communication ban if the alleged perpetrator is convicted of a domestic violence offense. The court can issue a contact ban order or extend a contact ban that is already in effect for five years from the date of the judgment or adjudication, whether or not the defendant is on probation.
Regardless of whether the alleged perpetrator agrees with the court’s decision to issue a protection order or a communication ban, he or she must comply with the directives it contains. Any violation of its terms, even such a seemingly harmless one as