Easily Request a Restraining Order Against a Stalker In Texas
When a relationship becomes harmful or a threat to one party, acquiring a restraining order Texas stalking or one for harassment is necessary. A restraining order, also called a protective order, is a court order barring an individual from taking a particular action against another person. Courts serve restraining orders in cases of family violence, sexual and physical abuse, trafficking, or stalking.
The application for a restraining order for harassment in Texas can be daunting due to the legalities and processes involved. With a product like DoNotPay's Restraining Order Texas product, you can acquire your restraining order forms and have them filed at your utmost convenience. But first, let us find out more about restraining orders in Texas.
How does Restraining Orders Texas Work?
In the restraining order process, the court serves an order barring an aggressor from contacting or coming close to the victim.
Restraining Orders Can Vary From State to State
Depending on where you reside, restraining orders can vary. Different terms can constitute whether or not you should apply for a restraining order or what type of restraining order you get can be different. The process of applying for a restraining order also varies by state, so keep in mind the rules you must follow in Texas:
Types of Restraining Orders
There are three types of a restraining order for harassment in Texas. This is similar in California but contrasts Florida with two types of orders. These Texas harassment restraining order types are:
| Types of Protective Orders | Used When |
| Temporary ex parte protective order | This is a court order meant to provide immediate protection for you and your loved ones from an aggressor. You can acquire this type of order without the presence of the offender in court. However, to get a temporary ex parte restraining order, you must convince the judge that the offender is an active threat to you. Temporary ex parte orders last usually up to 20 days but may be extended for 20 more days upon request. |
| A final (permanent) protective order | A permanent protective order stands for the period stated in the order, usually a maximum of two years. However, if there is no specific expiry stated in the order, it expires on the second anniversary of when it was issued. Occasionally, the judge may give a ruling that lasts longer than two years. The court issues Final protective orders due to grave offenses like family violence, assault causing bodily harm, or when the abuser has had more than two orders issued against them. |
| Magistrate's order of emergency protection | It is also known as Emergency Protective Order. This Harassment restraining order Texas is served from the criminal court where the prosecution finds the abuser involved in violence, sexual abuse, or if they possess a deadly weapon. The court can issue this order in the absence of the victim. Also, in extreme cases, the court may serve an emergency order on the aggressor on behalf of the victim. |
How Long Does a Restraining Order Last in Texas?
The longest restraining orders in Texas usually fall under the permanent protective order type and last up to a maximum of 2 years. However, some scenarios may call for longer protective orders. Such scenarios are:
- Where the abuser faces imprisonment for more than five years, the order will expire after the first anniversary of the release date.
- If the offender faces incarceration for five years or less, the order will expire on the second anniversary of the release date.
Consequently, emergency restraining orders usually last between 61 and 90 days but may go higher than that. Temporary ex parte orders usually offer rapid but short-lived protection against an abuser. Temporary orders usually last up to 20 days and can be extended for 20 more days.
What Happens When You Violate a Restraining Order in Texas?
A restraining order has legal grounds. Therefore, violating its terms translates to a constitutional breach.
The state of Texas charges considers a violation as a Class 'A' misdemeanor. Such a violation may carry jail terms of up to a year or a fine of $4,000.
However a violation may turn to a 3rd degree felony if an offender has repeated the same offense or faced conviction more than two times as a result of violating a protective order. A 3rd Felony carries fines of up to $10,000 or 2-10 year jail term.
Individuals that have obtained restraining orders should keep a copy of the order with them at all times to be in a position to enforce the order effectively and promptly. Interestingly, restraining orders only apply to the aggressor. It is not a violation by the victim if he/she comes into contact with the aggressor.
How to Obtain a Restraining Order in Texas
Obtaining a restraining order is completely free of charge. However, note that the application process can be costly in terms of the time consumed and legal rates when you involve a lawyer.
Physical application
Take the following steps to obtain a protective order:
- File your application with the District Attorney's office or courthouse. The office will help with filling out forms and also court representation.
- Fill out the forms given, ensuring the accuracy of every detail that you input. You are required to supply the following information:
- Name and address of the petitioner
- The name and address of the aggressor/s
- Relationship between the aggressor and the victim
- Plea for one or more court orders
- Indicate whether you are a beneficiary of child support and input the case details.
- Carefully go through the application once more and describe in detail and specificity the offense done to you. Be sure to include the dates, details of the attack, and what type of order you need. Ensure that every piece of information is truthful
- Have them reviewed by a judge: A judge will verify your situation and determine the most suitable protective order.
- Service of process: The clerk will then prepare a notice for the application for a restraining order. The clerk will arrange for the service of this notice alongside any other petitions to the offender. The application notice also indicates the hearing dates for the case.
- Court Hearing for a permanent protective order. Ensure that you show up for the hearing. If you cannot, promptly negotiate a later date.
Online application
Alternatively, you may download the forms online, fill them then present them to the county or District Attorney's offices. After that, wait for a review of your case and court hearing. Taking the process on your own sounds right but the reality is that it can be extremely time-consuming and inconveniencing, presenting yourself physically to fill forms. Also seeking legal assistance can be quite costly. DoNotPay can help.
Allow DoNotPay to Assist You
In the event of family violence or abuse, following up on the legal process of filling out forms may be the last thing you want to do. To make it worse, seeking legal help may be out of your budget.
DoNotPay is here to assist. Our makes it super easy to apply for a restraining order. You can do this in one sitting, either on your phone or PC. All you need to do is follow the steps below to submit a restraining order with DoNotPay:
- Search for relationship protection on DoNotPay.
- Answer a few easy questions on our File a Restraining Order product.
- Submit the form and you're done!
And that is it! DoNotPay will compile for you the forms you need to fill out and give you detailed instructions on how to file for a restraining order in your jurisdiction. Stay safe!
What Else Does DoNotPay Do?
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- Compensation for victims of crime
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- Stalking and harassment
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