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Temporary Injunction Form For Protection Against Domestic Violence In Texas
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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.
3 Types Of Orders Of Protection And What You Need To Know Emergency Protective Orders. Temporary Restraining Order. Permanent Restraining Order.
At the hearing, the respondent may plead their case, present favorable evidence, have witnesses testify on their behalf, and demonstrate any other reason why the court should deny the protective order.
Step 1: Go to the district court to begin the filing process. Step 2: Fill out the petition. Step 3: A judge reviews your petition and may grant you a temporary restraining order. Step 4: Service of process. Step 5: The TRO/injunction hearing.
The party asking for an injunctive relief must prove three things: 1) that there is a cause of action against the defendant; 2) that the party seeking the injunction has a right to the property in question; and 3) that the objects in question are in danger of “probable, imminent, and irreparable injury.” In the Strube ...
Please note: If you do not receive a court document entitled “Temporary Ex Parte Protective Order” that is signed by a judge after you apply, you do NOT have a Protective Order yet. You must go to your hearing and ask the judge for a 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.