This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Temporary restraining orders (TRO) and preliminary injunctions are equitable in nature. They can be issued by the judge early in a lawsuit to stop the defendant from continuing their allegedly harmful actions. Choosing whether to grant temporary injunctive relief is up to the discretion of the court.
Under Texas law, 71.001 et seq., no contact orders are provided to protect individuals from domestic violence. Protective orders can be temporary with a maximum time frame of 20 days (can be extended) or general which can last up to two years.
If granted by a District Court Judge, a Protective Order: Orders the person you filed against not to communicate with you in any manner that is threatening or harassing, whether by phone, mail, or any electronic/online communication.
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
A protective order typically lasts about two years in Texas. However, it may last longer than two years in severe cases. There are even protective orders that last for a lifetime. A restraining order is usually shorter, often lasting for several months.
A temporary restraining order serves to provide emergency relief and to preserve the status quo until a hearing may be had on a temporary injunction. The purpose of a temporary injunction is to preserve the status quo pending a full trial on the merits.
A temporary restraining order is signed by the judge without a hearing and is effective for 14 days. However, you may request an extension of an additional 14 days before its expiration for good cause.
A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.