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Contesting (Objecting To) the Restraining Order To ask for a hearing, you must fill out the form called ?Request for Hearing? and mail or deliver it to the court before the end of 30 days from the date you were served with the Restraining Order. The court's address should be on the form.
The attorney usually will follow these general steps: Meet with the alleged victim in the case; Obtain an affidavit of non-prosecution; Obtain a verified request to lift the protective order; Draft a motion to remove or modify the current order; Contact the correct prosecutor (city or county prosecutor);
There are different ways to check if there is a restraining order. In Texas, you can check online or by sending an e-mail to the law enforcement agency. You can also use a victim notification service through third parties if you are not the restrained party. In Texas, a restraining order is known as a protective order.
Victims of nonconsensual online publication of sexually explicit material may be able to obtain a restraining order that prohibits the perpetrator from continuing to harass the victim online. Texas law differentiates between protective orders and restraining orders.
If you disagree with the whole Restraining Order or if you disagree with some of parts of the Restraining Order, you have the right to a hearing before a judge. If a hearing has not been scheduled already (see box about ?Exceptional Circumstances Hearings? below), you must ask in writing that the hearing take place.