For a protective order, what if the other person and I live together or have children together? It is a court order that protects you from someone who has been violent or threatened to be violent.Violence can include sexual assault. When filing a temporary restraining order in Texas, the defendant (the alleged abuser) does not receive notification of the hearing and is not present. This order is called a “Temporary Ex Parte Protective Order”. Victims of family violence are entitled to the maximum protection permitted by law. Although it’s possible to obtain a temporary protective order on your own, you should engage an experienced attorney for best results. Preparation and submission of required forms for your county must be properly executed to avoid delay. Protective Orders Chapter 5, Code of Criminal Procedure Family violence is a serious threat to society and its members. Only a judge can issue a Protective Order. This review includes the following: The judge may order the alleged abuser to break contact with the victim and listed children in the petition. 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. Recurrent victimization is reduced if the victim understands his or her legal rights, how to ask for a restraining order, and how to use it to address his or her security and safety. 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 you do not go, the Temporary Ex Parte Protective Order may end. Keep legal documentation concerning any protection order violations for your records. After one year, the abuser can argue that the order is no longer necessary. There is a process of review before a Protective Order application can be filed with the District Court. Permanent Order of Protection If the domestic violence victim wishes to have a permanent protective order put in place, he or she can make a petition at the subsequent court hearing. The Law Office of Greg Tsioros, 2016 Main St. Ste 102, Houston, TX 77002, (832) 752-5972, Fill out the form to receive a free confidential consultation, on Restraining Orders: Filing a Protective Order in Texas, Free Ebook – How an Attorney Can Help Your Case, Libertad Condicional y Libertad Condicional Violaciónes, Información Junta De Libertad Condicional, Terminación Anticipada de la Libertad Condicional, Fotografías o Grabación Visual Inapropiada. Once they are filled out, they are filed with the court. In the event that the abuser demonstrates unwanted, repeated contact, the court can extend the duration of the restraining order for years. This is false. You can also use this guided form to help you complete and eFile the Application for Protective Order and Respondent Information Sheet. It’s a good idea to talk with a lawyer about your particular situation. 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. 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. 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. Typically, the TRO contains a lengthy number of prohibitions against the defendant concerning property preservation and protection of the applicant, including threatening/harassing him or her by telephone or in person, damaging property, causing bodily injury to him or her or named children, or similar behaviors. the commission of family violence, threatening/communicating with family members or the applicant, approaching the applicant’s workplace or resident, harming a companion animal, or possessing firearms or weapons. San Antonio, TX 78204. He will file a petition and obtain a one-sided (ex parte) hearing before the court. Texas Family Code Title 4, Ch.85 references traditional protective order language. Unfortunately, if the TRO respondent violates the prohibitions, these aren’t considered criminally enforceable. Schedule your free consultation with attorney Greg Tsioros. Can I get a protective order against a same-sex partner? 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