A family violence arrest can lead to more than one type of legal proceeding. One of the most common sources of confusion is the difference between a protective order and the criminal case itself.
Although the two may arise from the same incident, they are not the same thing. Understanding the difference between these proceedings is particularly important because the restrictions imposed in a protective order can affect your day-to-day life while a criminal case is pending.
Today’s FAQ addresses a question we hear often:
FAQ: What is the difference between a protective order and a criminal case?
A: They are separate legal matters with different purposes. A criminal case involves an allegation that a person committed a criminal offense and is prosecuted by the State. A protective order is a court order that can impose restrictions intended to protect a person from family violence.
A person can be dealing with both at the same time. For example, someone may be arrested and charged with a family violence offense while also being subject to a protective order or an order for emergency protection. The criminal case determines whether the State can prove the charged offense. The protective order can place restrictions on contact, communication, proximity, or other conduct.
The exact restrictions depend on the order issued in the particular case.
MC TIP
Do not treat a protective order as part of the criminal case or as something you can ignore.
We see people who are surprised to learn that a protective order can affect their lives even while the criminal case is still pending. If an order restricts contact with another person, for example, do not assume that the restriction disappears because that person tells you it is okay to communicate.
Violating certain protective orders or related bond conditions can create additional criminal consequences.
If you have received a protective or emergency protection order following a family violence arrest, make sure you understand what it requires and restricts.
At MC Criminal Law, we help clients understand both the criminal allegations they are facing and the restrictions that may accompany them. If you or someone you love is dealing with a family violence case and a protective order in Dallas, Texas, and the surrounding areas of North Texas, contact MC Criminal Law to discuss your situation.