Texas USLegal Guide on Restraining Orders and No Contact Orders

State:
Multi-State
Control #:
US-GDE-09
Format:
Word; 
Rich Text
Instant download

Description

This guide provides an overview on restraining order and no contact orders. Topics covered include what acts can be restrained, who can be restrained, and what an order may request. Steps for obtaining a restraining order are explained as well.

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FAQ

Yes, temporary restraining orders are public records. Law enforcement officers have access to temporary restraining orders after a temporary restraining order and a permanent restraining order hearing is held.

Temporary Restraining Order. (26) entering, operating, or exercising control over a motor vehicle in the possession of the other party. (C) prohibits a party from engaging in acts reasonable and necessary to conduct that party's usual business and occupation.

If you have been served with a TRO, Read the TRO carefully and obey it. ... Talk with a lawyer right away about your legal rights. ... Make plans to go to the hearing. ... If you need more time to hire a lawyer or more time to get ready for the hearing, you may be able to reschedule the hearing.

If you receive a restraining order, you should not attempt to fight against it without legal help. A restraining order will remain on your record for life and can prevent you from many things, such as buying homes, purchasing firearms, or getting specific jobs.

Criminal Charges: Violating a restraining order is considered a criminal offense. You may face charges, which can range from a misdemeanor to a felony, depending on the circumstances and any prior violations. The exact charges and potential penalties will depend on local laws.

A judge issues a restraining order when there is family violence. 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.

A DVPO is not a criminal conviction and does not appear on the defendant's criminal record. However, all documents filed in the case are public record.

For a family violence protective order, you must be able to show that violence has occurred and it is likely that violence will continue in the future. For stalking, sexual assault, and human trafficking protective orders, you must be able to show the abuser committed either stalking, sexual assault, or trafficking.

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Texas USLegal Guide on Restraining Orders and No Contact Orders