Preparing for Protective Order Hearings in Texas Family Violence Cases: 4 Keys
Protective Order hearings in Texas Family Violence cases can be very important in a successful defense. In order to get the most value out of a Protective Order hearing a criminal attorney must be prepared. Here are four suggestions that should be followed when preparing for a Protective Hearing in Texas Domestic Violence cases.
1. Interview the client extensively about the facts of the offense as well as any previous altercations. The prosecution will try to prove a pattern of violence to convince the judge that the defendant poses a danger to the complainant.
2. Obtain a copy of the affidavit written and signed by the victim and carefully go over it with your client The affidavit may contain information that can be disproven. The affidavit is often written without the victim speaking with an investigator or prosecutor. The person is usually in an emotional state and may exaggerate facts.
3. Obtain all text messages and emails between the two parties. Messages left through social media can prove to be a witnesses undoing. The alleged victim may exaggerate when testifying and any impeachment with previous statements can help destroy their credibility.
4. Determine if you want your client to testify. If you believe your client will be a good witness then you may want to have him or her testify. However remember that the defendant will be cross-examined. This will allow the prosecutor to ask questions about the offense and any previous incidents. This may give the prosecutor an opportunity to develop evidence against the client. The decision to have your client testify must be done only after an extensive interview and after they have prepared for direct and cross examination.