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San Antonio Domestic Violence & Protection Orders Attorney
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Seeking Safety and Justice: Protecting You from Domestic Violence
If you are experiencing domestic violence, know that you are not alone, and your safety and well-being are our top priorities. At Lishman Law, we provide compassionate and unwavering support for obtaining domestic violence protection orders and securing a safe and stable future for you and your children.
Domestic Violence and Texas Law
Under Texas law, domestic violence is called “family violence”. The law broadly defines family violence as an act against a household or family member that is “intended to result in physical harm, bodily injury, assault, or sexual assault”. This also includes credible threats that place a family member in reasonable fear of such harm.
A protection order is a court order issued to prevent someone who has committed family violence from contacting or further harming the victim. This type of court order has different names in different places. Some people might call it a “restraining order”. In Texas, however, it is officially called a “Protective Order”.
If you are experiencing any form of domestic violence, a San Antonio protection order could be one way to protect yourself from the abuser.
Who Needs a Protection Order?
The following people are eligible to file a protection order in Texas:
- Spouses or former spouses who are victims of abuse.
- Parents of the same child, regardless of their marital status, who are experiencing abuse.
- Individuals who are currently in or have previously been in a dating relationship and are experiencing abuse.
- Other family members, such as parents, children, or siblings, who are victims of domestic violence.
- Other people who live in the same household, such as roommates.
Texas law also covers victims of stalking, trafficking, and sexual assault. This means that if someone who is not a member of your family or your household is threatening your safety, you can still apply for protection from that person.
Types of Protection Orders in Texas
Texas law offers two primary types of protection orders for victims of family violence, each designed to provide different levels of immediate and long-term safety.
Temporary Ex Parte Order
A judge can issue an emergency court order to provide immediate and temporary protection in situations where there is an imminent threat of harm. In Texas, this is called a “Temporary Ex Parte Order”.
The term “ex parte” literally means “on one side,” but generally refers to an order that is granted without notice to the accused or an opportunity for them to participate in the hearing in which the order will be granted. In other words, the subject of the order has not yet had a chance to contest it.
A Temporary Ex Parte Order can be in effect for up to 20 days, with some exceptions to extend in certain circumstances. When issuing the order, the judge will set a date for a hearing. At that point, the Temporary Ex Parte Order, notice of the hearing, and the Application for the Protective Order will be served on the accused.
Protective Order
At the end of the hearing, the judge can choose to issue a final Protective Order. This is a more comprehensive and longer-term court order that can provide a wide range of protections for victims of family violence.
In Texas, Protective Orders granted based on family violence are typically in effect for up to two years. Provisions in the order might ban the abuser from possessing a firearm, contacting you in any way, and coming within a certain distance of your home, workplace, or the children's school or daycare. Protective Orders can even prohibit the abuser from harming your pets.
You deserve to live free from fear and abuse. Contact Lishman Law today for a confidential consultation, and let us help you protect yourself and your loved ones.
Schedule a free consultation with Lishman Law, PLLC.
4 Stages for Obtaining a Protection Order in San Antonio
Obtaining a protection order in Texas generally involves four stages. Here’s what to expect.
The process begins with applying an Application for a Protective Order with the District Court. Your Application should include a sworn affidavit, which is a detailed account of the family violence you have experienced, including specific dates, times, and descriptions of the incident(s). Any relevant police reports, photos of your injuries, or other corroborating evidence can be helpful.
An attorney at Lishman Law can assist you in preparing your Application and supporting affidavit for submission to the Court.
A district judge will review your affidavit. If they believe it is credible, they will issue a Temporary Ex Parte Order and schedule a hearing. The abuser will be officially served with the temporary order and will receive a notice of the date, time, and location of the hearing.
If the abuser cannot be found in order to be served in person, you will work with your attorney on an alternative plan for notification to the abuser so as to move the case forward.
At the hearing, you will have the opportunity to present evidence of the abuse you have experienced, such as your own testimony, photographs, medical records, and witness statements. The abuser will also have the opportunity to present their side of the story.
If, after hearing all the evidence, the court finds that you have experienced family violence and that a court order is necessary to protect your safety, it will issue a Protective Order. The order will outline specific restrictions and protections, and can prohibit the abuser from:
- Committing family violence.
- Communicating with you or any member of your family or household, either directly or indirectly, in a threatening or harassing manner.
- If the court finds good cause, communicating with you at all except through your attorney or another person appointed by the court.
- Going to or near your residence or place of employment.
- Going to or near the residence, child-care facility, or school that a child protected under the order normally attends or in which the child normally resides.
- Engaging in conduct directed specifically toward you or a member of your family or household that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass the person.
- Possessing a firearm (with exceptions for peace officers).
- Harming, threatening, or interfering with the care, custody, or control of a pet, companion animal, or assistance animal.
- Tracking or monitoring the personal property or vehicle of you, a family member, or a member of your household, including by:
- Using a tracking application on a personal electronic device in the possession of the person or the family or household member or using a tracking device.
- Physically following the person or the family or household member, or causing another to physically follow the person or member.
The court can also order the abuser to complete a battering intervention and prevention program.
Why Choose Lishman Law for Your Protective Order Case?
At Lishman Law, we understand the fear and uncertainty you are facing. Here’s how we can help:
Compassionate Support
We provide a safe and supportive environment where you can share your story without judgment.
Experienced Advocacy
We have a proven track record of success in obtaining protection orders for victims of domestic violence in San Antonio.
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Strategic Legal Guidance
We will provide you with clear and practical legal advice, helping you understand your options and make informed decisions about your case.
We are committed to providing compassionate and effective legal representation to help you obtain a protective order and secure a safe future.
What Our Clients Say
Our Team
Sarah Anne Lishman was born and raised in San Antonio, Texas, where she graduated with honors from Communications Arts High School. She earned a bachelor’s degree from Eastern New Mexico University in 2005, majoring in History and minoring in English. After obtaining her undergraduate degree, she returned to San Antonio and attended St. Mary’s University School of Law.
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Areas We Serve
Lishman Law proudly provides legal services related to domestic violence and protective orders to clients throughout San Antonio and the surrounding communities in Texas. We are committed to serving the diverse needs of families and individuals across this wide geographic region, offering accessible and effective legal representation.
- Bexar County
- San Antonio
- Leon Valley
- Universal City
- Live Oak
- Converse
- Guadalupe County
- Seguin
- New Braunfels
- Cibolo
- Staples
- Schertz
- Kendall County
- Boerne
- Kendalia
- Fair Oaks Ranch
- Bergheim
- Comfort
- Atascosa County
- Pleasanton
- Poteet
- Jourdanton
- Lytle
- Charlotte
- Comal County
- Bulverde
- Spring Branch
- Canyon Lake
- Medina County
- Hondo
- Natalia
- Devine
- LaCoste
- Castroville
- Wilson County
- Floresville
- Sutherland Springs
- La Vernia
- Poth
- Stockdale
- Kerr County
- Kerrville
- Center Point
- Ingram
- Mountain Home
- Hunt
- Gillespie County
- Fredericksburg
- Luckenbach
- Harper
- Doss
- Stonewall
- Bandera County
- Bandera
- Lakehills
- Pipe Creek
FAQ
We understand that many victims of domestic violence lack immediate access to financial resources. That’s why we offer free case evaluations to help you explore options for affordable legal representation.
Local nonprofit organizations and the National Domestic Violence Hotline may also offer support. Additionally, the city of San Antonio provides information about local resources for those trying to leave abusive relationships.
Violating a protective order is a criminal offense in Texas, punishable by jail time and fines. If you are accused of violating a protective order, contact Lishman Law immediately to discuss your legal options.
Yes, in certain circumstances, a protective order can be extended beyond the initial two-year period. To obtain an extension, you must file a motion with the court before the expiration of the original protective order and demonstrate that there is a continuing need for protection. Lishman Law can help you with this process.
While you have the right to request that a protective order be dismissed, the court will make the decision. The court will consider factors such as the abuser's behavior, your safety, and whether you are being coerced or pressured to drop the order.
Lishman Law can advise you on the potential consequences of dismissing a protective order and help you make an informed decision.
A Texas protective order is generally enforceable in other states under the Violence Against Women Act (VAWA). However, you can strengthen the protection it offers by making sure it is properly registered and recognized in your new state. Lishman Law can advise you on this process and help you remain protected in your new location.
Take the First Step Toward Safety — Contact Lishman Law Today
If you are experiencing domestic violence, don't wait. Your safety is paramount. Contact Lishman Law today for a free and confidential case evaluation. Let us help you understand your options and take the first step toward securing a protective order and a safer future.