This toolkit tells you about getting a protective order to protect you from someone who has been violent or threatened to be violent. Hi my name is Eric Benavides and I’m a Texas criminal defense lawyer. If the defendant commits a felony, he or she faces a minimum two-year prison sentence. In contrast to Title 4, Ch. The defendant receives notice of the full protective order hearing date. Know the law in your state. With both restraining orders and protective orders, the court has the authority to put an offender in jail if they violate the terms of the order. A restraining order is not an order used to protect a victim in a domestic violence case. In a temporary restraining order, the judge can order the defendant to stay away from the victim and any children named in the petition. He or she may have little or no comprehension of legal rights and might not understand that it’s possible to request protection from the abuser. You can also get a Protective Order if you have been sexually assaulted or stalked, even if you do not have a close relationship with the person who sexually assaulted or stalked you. Contact local law enforcement immediately. It is a court order that protects you from someone who has been violent or threatened to be violent.Violence can include sexual assault. Trying to get a protective order without an … The first two orders are issued by the civil court upon your application. A protective order demands that the abuser must stay away from the abused and cease any/all contacts with the victim and/or listed children. © 2001–2021. Do you need help with a Texas Protective Order case? TexasLawHelp Legal Research Guide. Protective orders are also known as Orders of Protection. The video below can give you general tips on going to court in Texas. A hearing for the protective order must be held within 14 days of the application, unless the applicant requests a later date or the population of the county is greater than 1.5 million. They are not for sale. Tips for fighting a protective order: Get the documents. You will need to request a protective order by filing a petition or motion in court. Can I get a protective order against a same-sex partner? He or she must return to court to enforce or contempt action. He will file a petition and obtain a one-sided (ex parte) hearing before the court. Someone has hurt you, or threatened to hurt you, You are afraid that person may hurt you again, and, Either you, or your spouse or dating partner has a close relationship with the person who hurt you. Permanent protective order; and. In many instances, the local police will order the abuser to leave the residence for the evening or immediately proceed to make an arrest. In some cases, the judge orders the other person to leave the home right away. APPROVED BY THE SUPREME COURT OF TEXAS: FREE, Not for Sale: The information and forms available on this website are free.They are not for sale. Note: Even if the order doesn’t specifically say that the abuser has to turn over his/her firearms, possession of a firearm by a non-police officer who is a respondent in a protective order case is illegal under Texas state law and federal law. Unfortunately, abuse or family violence is somewhat common in Texas. The person seeking the order must go to the district attorney's office or the courthouse to obtain the forms. What is a protective order and how can the District Attorney’s Office help me obtain one? The information and forms in this toolkit are not legal advice and are not a substitute for the help of a lawyer. For a protective order, what if the other person and I live together or have children together? Possessing a firearm. If you have a police report, safe exam, criminal conviction, witnesses or photographs, do include that information as it can increase your chances of getting the order granted by the court. The judge may give you a temporary order that protects you until your court hearing. He or she is likely to appear with an attorney. Schedule your free consultation with attorney Greg Tsioros ». The Texas Bar Foundation provided funding for website design. A restraining order, also known as a protective order, can help abuse victims to safely move on with life. Violation of sections relating to threats or harassment doesn’t automatically initiate a criminal investigation, but these items may be used to file a criminal complaint when appropriate. If you or someone you love is dealing with an abusive partner or spousal relationship, you must take action. In Texas, the term restraining order is a civil court order that tells a person not to engage in a certain activity. An Emergency Protective Order (EPO) is a criminally enforceable court order that can be issued against the abuser following an arrest on a family violence offense. These records can assist you in extending or modifying the order at a later date. Magistrate's order of emergency protection (what most people call an emergency protective order) The first two orders are issued by the civil court upon your application. In most cases, a Protective Order will last up to two years. Under Section 85.022, if the court determines that family violence has occurred—and likely to recur—the respondent is banned from many activities, e.g. Forbid contact with the victim, children, and the defendant while at work, school, or daycare. It may go by various names, such as “Request for Domestic Violence Restraining Order” or “Petition for Order of Protection.” These forms should be pre-printed "fill in the blank" forms. If your relationship has placed you in a dangerous situation, you must find a safe place first. Only a judge can issue a Protective Order. After one year, the abuser can argue that the order is no longer necessary. Who is eligible for a protective order? This post explains the process of filing a protective order in Texas. If you do not go, the Temporary Ex Parte Protective Order may end. Temporary ex parte protective order; 2. Whether you get help from the sheriff's office or you go it alone, your request must be filed at the district clerk's office. For more useful information go to TexasCourtHelp, a website of the Texas Office of Court Administration's website. 7A provides Title4-like protection for sexual assault, sexual abuse, trafficking, or stalking victims. Nueva, 2nd Floor best results eFile the application must be filed with the victim and listed children and person. Can include sexual assault subjects the abuser to pay spousal support can request restraining... 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