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Restraining Order Template Without Court In Texas
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FAQ
If someone is seeking a restraining order against you, you should appear and defend yourself to contest it. A restraining order is a huge problem for your record. No, a warrant will not be issued for your arrest and you will not go to jail for missing the hearing. However, why not dispute the restraining order.
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.
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.
Step 1: Go to the district attorney's office or the courthouse to file. Step 2: Fill out the forms. Step 3: A judge will review your petition. Step 4: Service of process. Step 5: The hearing for a permanent protective order.
Keep in mind that you will generally not be able to remain anonymous when seeking a restraining order, in part because the perpetrator will need to be informed of whom they are restrained from contacting.
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.
State to the court that you would like a restraining order and what you would like the court to order. Be as specific as possible. Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.”
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.