Types Of Injunction Order In Bexar
Description
Form popularity
FAQ
Ex parte means that the abuser does not have to be present or given notice of the hearing. This is a preliminary hearing where the judge can grant you a temporary restraining order for 10 days.
Protection orders are generally in place when there is no pending criminal case. However, in many cases, a person will seek a protection order prior to a situation where law enforcement gets involved. Then, later, when a criminal act occurs a no contact order is then requested by the prosecutor.
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.
83.002. DURATION OF ORDER; EXTENSION. (a) A temporary ex parte order is valid for the period specified in the order, not to exceed 20 days. (b) On the request of an applicant or on the court's own motion, a temporary ex parte order may be extended for additional 20-day periods.
In the State of Texas, an ex parte TRO is in place for 14 days and without a joint agreement to extend the TRO, a temporary orders hearing must take place, so that the “restrained” party can present evidence to the court. At that hearing, the judge will rule whether the TRO will continue or will expire.
The phrase “ex parte” is Latin for “by or for a party,” and a temporary ex parte protective order typically remains in effect for 20 days—usually until the date of a final hearing at which the applicant must be present in order for the protective order to remain in effect.
The injunction is something ordered by the judge that can either be permanent or for a specific period of time. The restraining order usually only happens at the beginning of the case, once the person is served with a temporary restraining order and that will only last until the injunction hearing.
If you have checked off the box requesting an ex parte order, a temporary (ex parte) restraining order can be issued on the day you apply for your restraining order if you allege (and the judge believes) that there is an immediate and present physical danger to you.
