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Unless made orally during a hearing or trial, motions should be in writing, should state the action sought, and should set forth the facts. Motions are the primary way for litigants to ask the Court to take action in a case. They must be filed with the Clerk, and copies must be mailed to all opposing parties (L.R.
A protective order is a court order issued to prevent continuing acts of family violence, human trafficking, or stalking. There are three types of protective orders in Texas: Emergency Protective Orders. Temporary Ex Parte Protective Orders.
A PO orders an abuser: not to hurt, threaten, or harass you or your children, either directly or through another person; to stay away from you, your family, your home, workplace, and children's day care or school; not to carry a gun, even with a license.
At the hearing, the respondent may plead their case, present favorable evidence, have witnesses testify on their behalf, and demonstrate any other reason why the court should deny the protective order. The respondent may also have an attorney defend them at the hearing.
A response and brief to an opposed motion must be filed within 21 days from the date the motion is filed. Time for Reply Briefs. Unless otherwise directed by the presiding judge, a party who has filed an opposed motion may file a reply brief within 14 days from the date the response is filed.