PHAM & CLOVES, PLLC

Should I Appear After Being Served With A Motion for Protection Order?

        The short answer to the question above is, “YES!”  In Texas, a Motion for Protective Order is a quasi-criminal motion in family law, usually filed prior to or in concurrent with filing an Original Petition for Divorce.  There are criminal implications if the court grants a protective order against a spouse.  There are serious consequences for having a protective order filed against a party, not in terms of a criminal prosecution, but that the opposing spouse may use the protective order to obtain more than his or her equal share of the community property.  Consequently, unscrupulous attorneys often advise their clients to file  protective orders, either through private lawyers or through the county district attorney’s office, for personal gains rather than because of the actual fear of harm. 

        The Houston Divorce Lawyers and the Houston Protective Order Attorneys at Veritas Legal Group, P.C. are experienced in filing and arguing against protective orders.  Please contact our Houston Divorce Attorneys for more information in preparation for your divorce, including filing or defending a Motion for Protective Order in Harris County, Montgomery County, Galveston County, Fort Bend County, Brazoria County, Wharton County, and Matagorda County. 

         The person that is filing a protective order (the Movant) must prove that violence had occurred in the family and that he or she is the victim of the crime.  Further, the Movant must show that he or she is fearful of future harm or injury by the opposing spouse.  In considering whether or not to grant the protective order, the Court will look at the action by the opposing spouse to determine whether actual violence, or threat of violence, occurred.  More importantly, the Court will consider whether the Movant spouse’s action is consistent with her claim.  For example, if the wife is claiming that she is fearful for her life because of the husband’s previous abuse and/or threat of bodily harm, the court may look at her action to see whether she is actually fearful of the husband, or is it just a ploy to obtain more than 1/2 of her share of community property.  If the wife’s action is inconsistent to her claims, such as leaving the children to reside with the husband, but yet claims that she is fearful of the husband for her life, her motion could be denied.

        Coming back to the question of whether a person should appear and argue against the Motion for Protective Order, the answer is “yes.”  Failure to appear would give the opposing spouse the opportunity to obtain a default judgment, restraining your rights to access to your property, children, and for more than 1/2 of equal share of the community assets.  Please contact the Houston Protective Order Lawyers and the Southwest Houston Protective Order Attorneys for more information and see how we can assist you in your divorce.  Our Houston Divorce Lawyers can be reached at 713-492-0337 or though our online contact form.