![]() Filing for a Protective Order in TexasĪfter deciding that a restraining order in TX is the best course of action to deter your aggressor from imminent acts or behavior, the next step is to make a formal court filing. ![]() Basically, if you believe any person is a threat to your safety, you can request a restraining order. This includes stalking (including cyber-stalking), indecent texts/calls/email, threats, history of abuse (physical or sexual), harassment, damage to personal property, etc. In Texas, a family member, a guardian to a minor, or a minor who has a dating relationship with the abuser can file for a restraining order. What Qualifies for a Restraining Order in TX? Apart from you, your guardian, police officer, or the prosecutor can request an emergency protection order. More than 5 years: the order will expire one year after their release.Īlso known as the magistrate's protective order for emergency protection, this judgment emanates from a criminal court after your abuser is arrested for family violence, sexual assault/abuse, stalking, harassment, or any physical hurt.Less than 5 years: the order will expire two years after they're released. ![]() However, if the person is behind bars for: The abuser can also file a motion of nullification after one year. You can also apply for an extension 30 days before the expiry of the order. The normal time limit for Texas restraining orders is 2 years, but this time may be extended for more serious cases. Temporary protective orders in Texas are up to 20 days, but can be extended for 20 days for eligible reasons.Īfter serving the respondent with the court papers and, eventually, the hearing, the magistrate may issue a permanent restraining order. Therefore, the defendant is not issued with a notice, nor do they need to appear in court, meaning that you must convince the court that you're under serious threat from the abuser if the order is delayed. It provides you and people under threat from the accused with immediate protection before the formal hearing. This is a short-term restraining order issued by a Texas civil court upon your application. There are three categories of protective orders you can obtain against the offender in TX, each with with varying time limits: Type of Restraining Order Like California, Florida, or any other state, Texas has its own laws on restraining orders. ![]() The TX judge issuing the order may require the defendant to attend a counseling or rehabilitation program, especially if the act was due to drug abuse.It may contain clauses for child, spousal, or medical support.May order the person to vacate the home where you live.Can restrain the offender not to carry a gun regardless of having a gun license.Restrict the amount of physical distance they can legally keep near you, including at the workplace, children's school, daycare, etc.Deter from contacting you or people protected by the order through email, text, phone calls, etc.Not to physically hurt, threaten to harm, or harass the petitioner or their children mentioned in the order.Typically, if a restraining order in Texas is issued, it directs the respondent: If someone has hurt you before or has made known their intentions of hurting you, you should consider filing for a protective order. As the name suggests, the protective order is geared towards protecting the applicant and their children or household members from physical or emotional abuse from the aggressor. Understanding Texas Restraining OrderĪ Texas restraining order or protective order is a legal order issued by a TX magistrate ordering the accused from certain behaviors or actions towards the protected party. If you reside in Texas, you might need to acquire a Texas restraining order against them for your safety and peace of mind. If this feels like something familiar to what you're undergoing currently, DoNotPay can help you obtain a Texas protective order. Your current partner, annoying ex, or an outright stranger may start stalking, threatening, or abusing you physically, electronically, or verbally. Absolutely, no one should make you live in fear of assault or attack, no matter who they are. And you have the legal right to enjoy all this without fear. Your peace, security, and safety are of supreme importance. File a Restraining Order Easily File a Restraining Order in Texas Without a Lawyer File a Restraining Order in Texas Without a Lawyer
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