A Texas Adequate Protection Order (APO) is a legal order issued by a court in the state of Texas to protect a person from further abuse. It is designed to provide protection from physical, emotional, and/or sexual abuse, as well as stalking or harassment. APO's are available to victims of domestic violence, sexual assault, and stalking, as well as victims of dating violence or abuse. There are two types of APO's in Texas—temporary and permanent—and both can be issued by a court after hearing evidence. A temporary APO can be granted if the court finds that immediate and present danger exists, and that the respondent is likely to commit family violence, stalking, or abuse if the order is not issued. These orders remain in effect until the court holds a hearing on the matter. A permanent APO is issued when the court finds that the respondent has committed family violence, stalking, or abuse against the victim, and that the respondent is likely to commit further family violence, stalking, or abuse if the order is not issued. This order is effective for a period of up to two years, and can be extended or renewed if necessary. The provisions of a Texas Adequate Protection Order may vary depending on the specific case, but typically include provisions to prevent abuse, stalking, and harassment, as well as provisions to protect the victim’s safetyExamplelAOOOOOOOP OPOPO'sOs may require the respondent to stay away from the victim’s home, workplace, or school, or to refrain from contacting the victim in any way. Other provisions may include the payment of child support or spousal support, or the surrender of firearms.
Texas Adequate Protection Order
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FAQ
You must go to a hearing and ask the judge for a Protective Order. Sometimes, the judge orders the other person to leave the home immediately. If you want this, you should ask the judge. Be ready to testify at a hearing when you file your application.
?Stay away? orders dictate a distance that must be maintained between the affected persons (often about 100 yards, although accommodations can be made).
In Texas, a no contact order prohibits an abuser, such as an ex-spouse, from having any contact with their victim. The order is designed to create clear boundaries for the offender, but sometimes the person will intentionally or unintentionally violate the order.
A protective order is an order that is most commonly used to prevent acts of family violence (including violence in a dating relationship) and sexual assaults. Temporary Restraining Orders are used in the civil context to avoid some sort of immediate and irreparable injury, loss, or damage.
7B. 051. REQUEST FOR PROTECTIVE ORDER. (a) At any proceeding related to an offense under Section 42.072, Penal Code, in which the defendant appears before the court, a person may request the court to issue a protective order under Title 4, Family Code, for the protection of the person.
A ?stay away? order, which means the abuser must remain at least a certain distance (often 100 yards) from the victim, as well as the victim's home, car, job or school.
A PO orders an abuser: not to hurt, threaten, or harass you or your children, either directly or through another person; to stay away from you, your family, your home, workplace, and children's day care or school; not to carry a gun, even with a license.
If the subject of the protective order was a victim of sexual abuse, indecency with a child, sexual assault, indecent assault, or stalking, violating a protective order may be a State Jail Felony. The penalties for a State Jail Felony in Texas include from 180 days to 2 years in jail and a fine of up to $10,000.
