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Protective
Orders
What is a protective order?
A
protective order is a civil court order that is designed to stop an
abuser from continuing acts of violence, threatening, harassing, or
stalking. A judge can create various conditions of a protective order,
such as to leavea residence, pay child support, attend counseling,
and/or not possess a firearm. Abusers who violate a protective order can
be fined, arrested, or both.
Who is eligible for a protective order?
Victims of
family violence are eligible for a protective order. In Texas, “family
violence” means an act by a member of a family or household against
another member of the family or household that is intended to result in
physical harm, bodily injury, assault, or sexual assault or that is a
threat that reasonably places the member in fear of imminent physical
harm, bodily injury, assault, or sexual assault, but does not include
defense measures to protect oneself.
An
application for a protective order may be filed by an adult member of
the dating relationship or any adult may apply for a protective order to
protect a child from family violence.
How do you obtain a protective order?
The first step
is to complete an application which may be obtained through the office of
the county or district attorney, a private attorney, or a legal aid program.
The application must be filed in either the county where the victim lives or
the county where the offender lives and the applicant’s address can be
kept confidential. How much does a protective order
cost?
Applying for a
protective order is free. However, if the applicant
chooses to use a private
attorney for assistance, the applicant may still have to pay for the
attorney’s time in assisting with the protective order. In this case, the
court can order a respondent who has committed family violence to pay the
private attorney’s fees.
How long does a protective order last?
If the court
determines there is a real threat of immediate family violence, the court
may issue a temporary ex parte order that is valid for up to 20 days. A
final hearing will then be set, usually no more than 14 days after the
application is submitted. At this hearing, the court will decided to grant a
final protective order, which if granted may be effective for up to two
years. A new protective order can also be requested if the earlier
protective order is set to expire within 30 days.
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