Harris Texas Order Granting Protective Order
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How to fill out Order Granting Protective Order?
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FAQ
In Texas, protective orders are typically issued when you've been a victim of violence, stalking, or sexual abuse. On the other hand, restraining orders are generally not associated with criminal cases, and are almost always linked to civil case proceedings.
Restraining orders can be written to protect you or your property if you have sued someone and you are afraid they will cause you harm. In the event of divorce, the court may create a restraining order to ensure that one or both spouses maintain a certain conduct while the divorce is pending.
Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.
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. The respondent may also have an attorney defend them at the hearing.
A general criminal background check, like those done by employers, should not show a restraining order, as that is a civil matter. However, more in-depth criminal background checks, like those done for the military or security clearance, will show a restraining order issued against you.
If reasonable doubt is established regarding whether a violation of a protective order took place, the jury can render a not guilty verdict and you will have the opportunity to get the arrest and charges expunged from your criminal record.
Proof of Service must be filed with the court before your hearing date in order to get a protective order if the respondent does not show up. Bring any evidence you have, like photographs, medical records, or torn clothing. Also bring witnesses who know about the violence, like a neighbor, relative, or police.
How to Drop an Emergency Protective Order In Texas 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);
The protective order will remain on your permanent record and could make it hard to find a job, get public housing or secure financing.
