Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.
Once a protective order expires, the restrictions on the respondent are no longer legally binding, leaving the petitioner vulnerable if threats or harassment continue. No Legal Protections: After the protective order expires, the petitioner no longer has legal grounds to enforce its restrictions.
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.
Even when a protective order can't be extended by modifying the order, it may be able to be renewed. To do this, a person would need to fill out a new protective order application no more than 30 days before it expires. A person may also file for a new protective order after the previous one has expired.
In Texas, there are three types of orders of protection based on family violence: Temporary ex parte protective order; Final (permanent) protective order; and. Magistrate's order of emergency protection (what most people call an emergency protective order).
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.
Even when a protective order can't be extended by modifying the order, it may be able to be renewed. To do this, a person would need to fill out a new protective order application no more than 30 days before it expires. A person may also file for a new protective order after the previous one has expired.
Whether it was an emergency order issued after arrest or a final protective order filed through family court, many people don't realize that protective orders — even temporary ones — can appear on public background checks and may follow you for years.
How to Apply? You must fill out an intake application giving information on yourself and the person you want to file a protective order against. It takes about 45 minutes to complete. Visit the District Attorney's protective order site to fill out the intake application online now.
Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.