Temporary Injunction Form For Protection In Bexar
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FAQ
Often, these two terms are used interchangeably, even though there are differences between them. In Texas, a restraining order is often linked to a civil case, whereas a protective order is usually associated with family violence.
Essentially, in a motion to vacate, you would be giving the Court a reason to set aside the judgment and keep the lawsuit active. If the Court thinks the reason you have given is a good one, the judgment will be vacated.
A final protective order may last up to two years and, in some instances, may last longer. The Petitioner has the burden of proof and must prove by a “preponderance of the evidence” that family violence has occurred and is likely again to occur.
The Writ of Possession allows for the possession of the property, after a deputy has posted written notice notifying the tenant a writ has been issued. By law, we are required to give a minimum of 24 hours notice before enforcing the writ.
In order to have an order of protection dropped, one must: Return to the county court where the petition for the original order was filed. Complete the necessary paperwork. Speak with the judge or another court officer prior to the order being vacated.
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.
3 Types Of Orders Of Protection And What You Need To Know Emergency Protective Orders. Temporary Restraining Order. Permanent Restraining 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.
