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Whoever qualifies and who the court finds that family violence has been committed against them and is likely to be committed against them in the future.
Any adult member of the family or of a dating relationship.
Any adult may apply for a Protective Order to protect a child from family violence.
There is no fee for someone who applies for a Protective Order. If a court grants an application for a Protective Order, then the court can order the Respondent, the one who committed the family violence, to pay court costs and the District Attorney’s Office attorney’s fees.
The Applicant or in some instances the Protected Person.
They refer to them as "the Respondent".
Imminent means near at hand; mediate rather than immediate; close rather than touching; impending; on the point of happening; threatening; menacing; perilous.
A threat of imminent bodily injury requires a present rather than a future threat.
As long as you do not have any pending criminal cases with the District Attorney’s Office in the County, the District Attorney’s Office of the County you qualify for a Protective Order in can file a Protective Order for you on your behalf without any cost to you.
You can hire any attorney licensed in the State of Texas to represent you in a Protective Order.
If you qualify for a Protective Order and the District Attorney's Office agrees to take the case, then an Application for a Protective Order and a Temporary Ex Parte Protective Order. If the Judge signs the Temporary Ex Parte Protective Order, then a date must be set within 20 days.
If an extension of the Temporary Ex Parte order is ever needed after the first court setting, then the next court date must be set within 14 days if the Respondent had not been served. Otherwise, you can ask for the rescheduled setting to be within 20 days.
then you must:
And if the Presiding Judge finds that there is a clear and present danger that the person to excluded likely to commit family violence against a member of the household.
No, an exclusion paragraph in a Protective Order does not affect the title of the property.
Yes. You or your attorney can request the court to exclude this information. If granted, the court will order the clerk to stride the information from public records and maintain a confidential record of the information for use only by the court.
A Temporary Ex Parte Protective Order is only good for 20 days unless there is a request for an extension of the order.
No hearing is required for it to be signed by a Judge unless you are trying to exclude the Respondent from the residence.
If the Respondent violates the order, he is in contempt of court and the Judge can have the Respondent arrested and fined.
A Final Protective Order after a hearing is good for up to 2 years.
The Respondent must be served with notice of the hearing at least 48 hours prior to the court setting. He is entitled to a hearing if he chooses.
If the Judge grants the Final Protective Order after a hearing and the Respondent violates the Protective Order, then he has committed a criminal offense and can be arrested.
The Applicant of a Protective Order is responsible for making sure the Respondent has been served at least 48 hours before the court setting.
If the Respondent has not been served, then an extension will be needed.
If the Respondent was not served with notice at least 48 hours before the court setting, then he can ask for a rescheduling date an then the applicant can request an extension.
No. As long as they are the one asking for the rescheduling and they have already received notice, they do not have to be served with notice again.
Violation of a Protective Order is a Class A misdemeanor with a punishment range of up to 1 year in the county jail and a fine up to $4,000.
Yes, a distribution sheet is given to the District Clerk’s office designating who the Protective Order is to be sent to the agency that would respond to the 911 call at the Protected Person/Applicant’s residence is on the Distribution Sheet. These agencies should keep them on file for the duration of the Protective Order.
Then it is considered to be a Default Judgment and the Protective Order will be granted.
If the Protective Order has been violated or if there is a threatened harm that reasonably places the Protected Person/Applicant in fear of imminent physical harm, bodily injury, assault, or sexual assault, then you can get another final Protective Order.
Then a hearing is not needed.
No. If the Respondent violates a Final Protective Order that was agreed to by all parties, the criminal consequences are the same as if the Judge had granted the Final Protective Order after a hearing.