Last Updated on: 21st February 2023, 02:12 am

How to File a Restraining Order in Texas?

Are you in danger and need to file a restraining order in Texas? Take these legal steps to file your petition:

• Go to the local courthouse or the district attorney’s office in your district.
• Fill out a restraining order application with detailed information about your situation.
• Wait for the judge to review your application and answer any questions during the hearing.
• Tell the judge if you face imminent danger from the person you want to restrain.
• Attend the court hearing about your restraining order to receive the judge’s decision.

To learn more about restraining orders in Texas, check out Rules 680 and 683 of the Texas Rules of Civil Procedure.

<h3>Is a Restraining Order the Same as a Protective Order in Texas?

Many people use “restraining order” and “protective order” interchangeably, but they serve different purposes in separate courts:

• Restraining orders dictate what a person is legally allowed to do or not do in civil cases, such as divorce proceedings.
• Protective orders protect family or domestic violence victims in criminal cases. They require alleged abusers to stop all violence or threats of violence against the victim and respect boundary distances defined in the order, like at least 500 feet away from the victim’s location.

What Kind of Protective Order Can Someone File in Texas?

If you are a victim of domestic or family abuse in Texas, you have different types of protective orders to file:

• Temporary ex parte restraining order: This emergency order protects you from immediate danger from your alleged abuser. It generally lasts 20 days but can be renewed.
• Permanent protective orders: These are long-term orders lasting up to 2 years that an alleged abuser can petition to lift after 1 year.
• Emergency protective orders (EPOs) or magistrate’s order of emergency protection (MOEP): This type of protective order lasts 31 to 91 days and is issued by the criminal court system. It applies when law enforcement arrests an alleged abuser and charges them with family or domestic violence.

Can a Defendant Fight an Unlawful Restraining Order in Texas?

Yes, if you believe your accuser filed an unlawful restraining or protective order against you, you can hire a criminal defense attorney to represent you and take steps to refute the order. Sometimes, accusers use protective orders as a tactic to gain leverage against the accused in other types of family law matters.

What a Lawyer Can Do for You If You’re Subject to a Restraining or Protective Order

If you’re subject to a restraining or protective order, your criminal defense attorney can help you:

• File a legal motion in court and petition for a hearing date to discuss the merits of the order.
• Request a modification to the order so that it’s less harsh or broad.
• Collect evidence and present your case in court to defend you against unlawful charges.

Call Spodek Law Group to Defend Your Rights

At Spodek Law Group, our experienced attorney Todd Spodek can help you reduce or eliminate your charges and petition for a lift of the restraining or protective order made against you. If you face family or domestic violence charges and your accuser has filed a restraining order against you, call (888) 981-0039 today to get a free case review.

What You Should Do if Served With a Restraining Order

You’ve just been served with a restraining order, and you’re wondering what to do next. It’s a situation nobody wants to be in, but it’s important to stay calm and take immediate action. In this article, we’ll guide you through the process of what to do when served with a restraining order, and provide tips for fighting it.

Understanding Restraining Orders

First and foremost, it’s important to understand how restraining orders work, the consequences for violating them, and tips for fighting a permanent restraining order. Restraining orders, even temporary ones, should never be taken lightly. If you violate the order, you could be facing an arrest, jail time, and a criminal conviction. Therefore, it’s important to obey the terms of the order and seek legal help as soon as possible.

Consequences of Restraining Order Violation

Violating a restraining order is a serious offense. Even if you believe the allegations are false, it’s important to follow the terms of the order and consult with an attorney on your next steps. The order may require you to move out of your house, avoid contact with certain individuals, including your kids, and more. If you violate any of the terms, you could face severe legal consequences. It’s crucial to be aware of the seriousness of the situation, and the potential repercussions.

How Are Restraining Orders Issued?

Courts have the authority to issue restraining orders (also referred to as protection or no-contact orders) when a person alleges to be in danger of immediate harm. Most restraining orders are issued in connection with domestic violence or conflict in intimate or family relationships, including physical abuse, threats, harassment, stalking, and sexual assault. They may also be issued in cases of disputes with neighbors or employers. It’s important to note that a violation of a restraining order carries criminal consequences.

Temporary or Ex Parte Restraining Order

When served with a restraining order, you will likely receive a temporary or ex parte restraining order that will last for a few days. Before issuing a more permanent order, the judge must give the respondent notice and an opportunity to contest the allegations in court. It’s crucial to act quickly, as you may only have a week or slightly longer to prepare for the hearing.

Fighting or Defending Against a Restraining Order

If you’ve been served with a restraining order, it’s important to act fast and seek legal representation. You may represent yourself, but it’s often best to contact an attorney with experience in family law or divorce. They can help you develop a defense strategy and represent you in court. Additionally, gathering and organizing evidence and documents that discredit or disprove the petitioner’s allegations can help to improve your chances of a favorable outcome.

What Not To Do When Served With a Restraining Order

It’s important to know what not to do when served with a restraining order. Destroying evidence, trying to talk to the petitioner or witnesses, disregarding a temporary restraining order, or trying to get around a provision in the order are all actions that could hurt your chances of a favorable outcome. It’s essential to consult with an experienced attorney to ensure you don’t make any mistakes that could negatively impact your case.