Austin, TX Attorney, Kevin Bennett, explains the potential impact of violating an Emergency Protective Order could have on the defendant in Domestic Violence cases.
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“While protective orders are meant to protect victims, they often times can be used against defendants or respondents in a protective order. Sometimes parties are going through a custody battle and maybe the applicant or the alleged victim will use that protective order to possibly punish or harass my client. Sometimes they will make up false allegations that my client is harassing them. Typical violations of a protective order that I see are making communication with a person protected by the applicant. Sometimes that’s something as simple as sending an email or making a phone call, and sometimes they don’t understand that they’re not supposed to do that. Sometimes they believe that they’re just not supposed to go within 200 yards of them and they do not mean any harm or any offense by contacting the other person. And sometimes they feel that they have to, sometimes it’s their spouse and they have kids together, and there are decisions that need to be made within their family. And sometimes those violations can end up putting them back in jail for a brand new violation of protective order offense.”