We are sorry if you or a family member are experiencing a situation that requires you to obtain a restraining order against another person. As you probably already know, restraining orders are often used in domestic violence cases. However, other situations may call for protective orders as well.
Today we would like to help by giving you general information on how to get a restraining order in Texas. However, if you are currently in danger and someone is threatening you with physical violence, please call the police immediately.
What is a Protective Order?
A protective order (or restraining order) is a court order requiring one person to stop bothering, stalking, or abusing another person. Some protective orders require the offender to stay away from the house, worksite, or school where the victim may live, work, or study.
Protective orders are often issued in cases of family violence, sexual assault or abuse, stalking, or trafficking.
A protective order can also suspend a person’s right to bear or own firearms.
Types of Protective Orders in Texas
There are three types of protective orders under Texas law.
A temporary ex parte protective order will be issued before the court can hear from both parties involved in the case. A temporary ex-parte order is typically used when the victim has a reason to believe there is a clear and present danger of family violence, sexual assault, or another type of harm.
A judge may issue a final protective order after the hearing. The court will include an expiration date on the protective order, which is generally two years from when it was issued. However, the judge may determine that a more extended protective order may be necessary for some instances.
A criminal court may issue an emergency protective order. This type of protection is typically awarded after a person is arrested for family violence, sexual assault, sexual abuse, stalking, or trafficking.
How to Obtain a Protective Order for Family Violence or Sexual Assault
There are several ways a person can apply for a temporary ex parte protective order.
The applicant can fill out the application at a Texas attorney’s office. It can also be filled out through the district attorney’s office, the county attorney’s office, or a legal aid service. The application must be notarized before being filed in court.
The person to be restrained must be served with a copy of the application for the restraining order. Then, during the scheduled hearing, both parties can present their cases.
Contact Wilson Law to File a Temporary Restraining Order
Contact Wilson Law Lawyers in San Antonio, Texas, if you need protection. We will help you file the temporary protective order application forms and gather evidence for your court hearing.
Wilson Law is one of the top-rated law firms in San Antonio. They are dedicated to making you feel safe and will help you turn your temporary order into a permanent protective order.
Contact the staff at Wilson Law today to schedule a private consultation.
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