A permanent protective order is effective for the time period stated in the order, which generally may be up to a maximum of 2 years. If there is no time period written on the order, then it expires on the second anniversary of the date the order was issued. Regardless of how long your order lasts, after the order has been in effect for one year, the abuser can file a motion to ask that the order be discontinued.
However, the fact that the abuser did not violate the order does not by itself support a decision that the order is not needed anymore. In either case, the order will automatically be extended as follows:. In either case, you can request a new order from the court showing the extended expiration date to make it easier to for the police to enforce the order in case the order is violated after the expiration date written on the original order.
You do not need to be present in the courtroom for this type of order to be issued. However, if the crime involved family violence that resulted in serious physical injury or if the abuser used or displayed a deadly weapon while committing a family violence assault, the magistrate must issue this order even if no one specifically requests it.
However, if the abuser was arrested for a crime that involves family violence where the abuser used or displayed a deadly weapon when committing the assault, the order would be good for between 61 - 91 days. P Art. You will generally file your application in the county where you or the abuser lives or in any county where the abuse took place.
In many counties, the county attorney or district attorney will help you file for a protective order and represent you in court. If the prosecutor will not file on our behalf, you can file on your own, using the online pro se protective order kit.
While these forms are legally valid in all courts, some counties prefer their own forms. However, if at all possible, you may want to first contact the legal advocate at your local family violence program to get information about where and how to file in your county since the process varies by county.
Please note that the steps listed below vary from county to county. These instructions are meant as a general guide and do not reflect county-specific procedures. Carefully fill out the application. When you apply for a protective order, you must supply the following information:. Describe in detail how the abuser respondent injured or threatened you. If you are using the pro se protective order kit online, TexasLawHelp. Explain when and where the abuse or threats occurred.
Write about the most recent and severe incidents of violence, using descriptive language slapping, hitting, grabbing, choking, threatening, etc. Be specific. If you are in immediate danger and want to apply for a temporary ex parte order, you must include a detailed description of the facts and circumstances concerning the family violence and the need for the immediate protective order.
You must sign the application under oath that the facts and circumstances contained in the application are true to the best of your knowledge.
However, do not sign the application until you have shown it to a clerk. The form must be signed in front of a notary public or a judge at the courthouse. If you are applying for a temporary ex parte order, a judge will decide whether there is an immediate danger that the abuser will commit family violence based on the facts included in your application.
If so, you may get a temporary order that usually lasts up to 20 days. Before getting a permanent order, you need to have a full court hearing where the abuser has the opportunity to be present and both you and the abuser have an opportunity to present evidence and testimony. The clerk of the court will issue a Notice of an Application for a Protective Order.
The clerk will generally arrange for service of this notice to the abuser along with the petition that you filed as well as any temporary ex parte orders that were issued. This notice states that the abuser has been accused of committing family violence.
The notice also informs the abuser of the hearing date. You can find more information about service of process in our Preparing for Court — By Yourself section, in the question called What is service of process and how do I accomplish it?
It is very important that you attend the court hearing. You do not need an attorney at the hearing; however, having an attorney can be to your advantage. Also, if you think the respondent will have one or if it would make you feel safer, you can consider getting one. If the prosecutor is not filing on your behalf, you may be able to get free legal representation through a legal services program.
Go to our TX Finding a Lawyer page for legal referrals. Also, your local family violence program can give you more information about what to expect at the hearing, and may be able to send an advocate with you for support, and provide an attorney referral. Go to our TX Advocates and Shelters page for organizations in your area. If the abuser does not show up for the hearing, the judge can still grant you a protective order or the judge may order a new hearing date.
See the At the Hearing page for ways you can show the judge that you were abused. There are a few places where you can find this information:. Here are some things you may want to consider doing. However, you will have to evaluate each one to see if it works for your situation.
An abuser can violate a protective order by disobeying any of the restrictions in the order. If you believe that the abuser has violated the protective order, you can immediately call and the abuser can be arrested. Violation of a protective order can be a class A misdemeanor, a state jail felony, or a felony in the third degree depending on various factors. When the police arrive, it is usually a good idea to write down the name of the responding officer s and their badge number in case you want to follow up on your case.
Make sure a police report is filled out, even if no arrest is made. If you have legal documentation of all violations of the order, it could help you have the order extended or modified in the future.
For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.
Different states have different rules for enforcing out-of-state orders. You might also want to call the court where you originally received the order to tell them your new address so that they can contact you if necessary. If you want to change the order to add a specific protection to it or to take something out of the order, you can file to modify the order.
The abuser can also file to modify the order. The judge would hold a hearing to decide what changes to make. Also, you can update any information listed on the order such as your address, telephone number, place of employment, or the child-care facility or school of a child protected by the order if any of this changes after you get the order.
Filing to renew a current order or an expired order If the abuser violates the order while the order is still valid, this violation could be a reason to renew the order. You will have to include with your application:. A protective order for sexual assault, sexual abuse, indecent assault, stalking, or trafficking is a civil court order that is similar to a protective order for domestic violence, but it is designed specifically to protect you from someone who sexually assaulted you, committed other sexual offenses against you, stalked you, trafficked you or forced you into prostitution.
You do not have to have a specific relationship to the perpetrator. Sexual assault could involve any of these acts between a child and an adult when the perpetrator knowingly or intentionally:. However, there could be a valid defense to the crime of sexual assault, as described in 2, above, if the perpetrator can prove that:. You can go to our TX Statutes page to read the actual definitions of sexual assault and aggravated sexual assault. For additional crimes that could qualify a person for this type of protective order, go to Who qualifies for a sexual assault or abuse, stalking, or trafficking protective order?
Stalking is defined as when on more than one occasion, and as part of a course of conduct that is directed specifically at you, all of the following are met:. Indecent assault is when the abuser does any of the following to you for without your consent for the sexual pleasure of the abuser or another person:.
You can read the definitions of the other crimes aside from sexual assault , aggravated sexual assault and stalking that can qualify you for this order on our Statutes page at the links below:. Temporary ex parte order At the time you file your application, the court can give you a temporary ex parte emergency protective order for sexual assault or abuse, stalking or trafficking that would last until your full court hearing.
An ex parte order may be granted if there is a clear and present danger to you of sexual assault, sexual abuse, indecent assault, stalking, trafficking, or other harm. The order can protect you or any other member your family or household. Protective order after a hearing The judge will hold a hearing where both you and the abuser have the right to attend, offer evidence, testimony, witnesses, etc.
You may choose to be represented by a lawyer, especially if the abuser will have one. The temporary ex parte order can be extended for additional day periods if you request it or if the judge decides to extend it, usually due to the fact that the respondent was not yet served.
A permanent protective order is effective for the time period stated in the order, which generally may be up to a maximum of 2 years. If there is no time period written on the order, then it expires on the second anniversary of the date the order was issued.
Regardless of how long your order lasts, after the order has been in effect for one year, the abuser can file a motion to ask that the order be discontinued. However, the fact that the abuser did not violate the order does not by itself support a decision that the order is not needed anymore. In either case, the order will automatically be extended as follows:. In either case, you can request a new order from the court showing the extended expiration date to make it easier to for the police to enforce the order in case the order is violated after the expiration date written on the original order.
You do not need to be present in the courtroom for this type of order to be issued. However, if the crime involved family violence that resulted in serious physical injury or if the abuser used or displayed a deadly weapon while committing a family violence assault, the magistrate must issue this order even if no one specifically requests it.
However, if the abuser was arrested for a crime that involves family violence where the abuser used or displayed a deadly weapon when committing the assault, the order would be good for between 61 - 91 days. P Art. All rights reserved. Department of Justice. Neither the U. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided.
Skip to main content. You are here Home » Legal Information » Texas. What is the legal definition of "dating violence" in Texas? Can the abuser be removed from the home? What protections can I get in a protective order? In which county can I file for a protective order? Can I keep my personal information confidential? Who can get a protective order Who is eligible for a protective order? Does the alleged victim want the protective order to remain in place?
One of the quickest and easiest ways to have a protective order removed is if the alleged victim is willing to provide an affidavit stating they do not fear you and are requesting the order to be removed. If you are in this situation, your criminal defense attorney can file a motion to modify protective order. Your criminal lawyer can then request a hearing for the motion to be heard by the judge. In some instances, the judge will not require a hearing and grant your motion to modify the protective order because the affidavit outlines the intent of the alleged victim.
What if the alleged victim is not willing to provide an affidavit? In this case, your criminal defense lawyer can have a formal hearing where the alleged victim will be required to testify and articulate the basis for their fear and the judge can determine if the protective order allegations are reasonable and necessary.
We cannot stress enough that you should absolutely comply with all terms of a protective order, even if you feel that it is not necessary, reasonable, or fair. Under Texas law, violating a protective order can result in being charged with a Class Misdemeanor crime of Violation of a Protective Order.
If the alleged victim claims you violated the protective order a minimum of two times in a twelve-month period, you could be charged with the crime of a Felony Violation of a Protective Order. Further, failure to comply with the terms of a temporary protective order greatly increases your chances of a permanent order being granted.
In general, avoiding all forms of contact with the petitioner should prevent violations of a protective order. However, there are a few common mistakes made by respondents that can result in an inadvertent violation:. If you have been charged with a Violation of Protective Order case, you need to meet with an experienced and aggressive criminal defense attorney that can analyze your specific facts and research possible defenses to improve your chances of getting your violation of protective order dismissed.
For example: What if you have a protective order against you but the alleged victim drove to your house, knocked on your door and waited for you to answer the door? Little did you know, she called the police on you before she got there. As you are standing there talking to her, the police arrive and arrest you. Do you have a defense? The State of Texas must still prove you intentionally or knowingly violated the protective order. B a threat through any person to a person protected by an order or a member of the family or household of a person protected by an order; and.
C if the court finds good cause, in any manner with a person protected by an order or a member of the family or household of a person protected by an order, except through the party's attorney or a person appointed by the court;. This subsection does not apply to an order in which Section Acts , 80th Leg. Acts , 81st Leg. Acts , 84th Leg. January 1, Added by Acts , 87th Leg. A protective order or an agreement approved by the court under this subtitle does not affect the title to real property.
A person who files an affidavit that the person has begun the program or counseling shall file with the court before the date the protective order expires a statement that the person completed the program or counseling not later than the 30th day before the expiration date of the protective order or the 30th day before the first anniversary of the date the protective order was issued, whichever date is earlier.
An affidavit under this subsection must be accompanied by a letter, notice, or certificate from the program or counselor that verifies the person's completion of the program or counseling. A person who fails to comply with this subsection may be punished for contempt of court under Section
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