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Sample Restraining Order Form For Texas In Harris
Category:
State:
Multi-State
County:
Harris
Control #:
US-000290
Format:
Word;
Rich Text
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FAQ
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year. The plaintiff will be directed to go to the clerks counter to wait for the order.
Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).
A protective order is only available for people who have experienced dating or family violence and it can lead to criminal penalties (the Respondent/violator can be arrested) if violated. A restraining order can be ordered by a court for many different types of situations and only has civil penalties if violated.
Requirements for a protective order for domestic violence to be issued include establishing that family violence has occurred and is likely to occur again without such an order. The burden of proof for this involves what's known as a “preponderance of evidence” favoring the accuser.
Because a protective order is a civil court order, a victim can drop an order of protection. The victim must return to the court and ask the judge to dismiss the order.
Lack of Jurisdiction The respondent can argue that the court does not have jurisdiction to issue a restraining order. This defense can be raised, for instance, if the alleged incidents of domestic violence or harassment did not occur within the jurisdiction of the court.
The burden of proof is on the protected party to prove to the court by a preponderance of the evidence that there is a reasonable apprehension of future abuse.
Permanent protective order - These orders are issued after the court has gone through all the legal proceedings and reviewed all evidence. Permanent protective orders can be life-long standing orders that the accused person must obey.
The burden of proof is on the plaintiff in a civil case to prove their case by a preponderance of evidence (more likely than not). The burden shifts to the defendant if they raise an affirmative defense or counterclaim. In criminal cases, there are three possible outcomes: guilty, not guilty, or no verdict (hung jury).
In Harris County, you can file your pro se petition and waiver in-person at the Harris County Civil Intake Office located on the first floor of the Civil Courthouse located at 201 Caroline Street. Civil intake office hours are 8 AM - PM Monday to Friday.
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How do I ask for a Protective Order? Fill out the following forms found in this kit: • Application for Protective Order.This packet contains forms and instructions to request a protective order. If you have been a victim of violence, stalking or sexual abuse, you can apply for a protective order to keep your abuser away from you. The following forms are available for downloading, printing and completing. Edit, sign, and share harris county restraining order form online. No need to install software, just go to DocHub, and sign up instantly and for free. Temporary Restraining Order. Precept. Notice. What can a Temporary Restraining Order (TRO) include? Will the judge sign a TRO in my case?