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Sample Restraining Order Form Foreclosure Texas In Miami-Dade
Category:
State:
Multi-State
County:
Miami-Dade
Control #:
US-000290
Format:
Word;
Rich Text
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FAQ
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.
In most cases, a Protective Order will last up to 2 years. There are some situations where a court can issue an order that lasts longer than 2 years. Although you may file these forms without having a lawyer, you are encouraged to get a lawyer to help you in this process.
Go to the courthouse in your county or the county where the abuser lives. Find the office of the Clerk of Court. Tell them that you are there to file a petition for a temporary and permanent protection order.
An injunction can never be sealed or expunged. It is not a criminal court record subject to the sealing and expungement laws. Thus, it remains permanently. A restraining order is public record and can be accessed by employers, and those conducting background searches.
If you are seeking a family violence Protective Order, the law requires that you prove family violence has occurred and family violence is likely to occur in the future. If you are seeking a stalking Protective Order, the law requires that you prove that there are reasonable grounds that you are the victim of stalking.
The statewide registry also provides limited public access to protective orders when the protected person has authorized access. This access is subject to strict confidentiality standards to protect victims of family violence, stalking, sexual assault, and human trafficking.
To initiate the removal of a protective order, you must file a motion to dismiss with the court that issued the order. For example, if you received a protection order in Fort Bend County, you must request termination in the same county.
A temporary restraining order may be issued with or without notice, based on a declaration that, to the satisfaction of the court, shows reasonable proof of harassment of the petitioner by the respondent, and that great or irreparable harm would result to the petitioner.
An order of protection can order someone not to injure, threaten or harass you, your family, or any other people listed in the order. For example, it can order someone to: have no contact with you, your family, household members, or your children, regardless of their age (see: Melanie's Law) move out of your home.