Last Updated on May 21, 2022 by Fair Punishment Team
If you’re currently in a situation where you feel that you need to file a restraining order, then you’re making the right decision to take the matter further and alert the authorities. Your safety is of utmost importance, so if you are currently in a vulnerable situation or are being threatened by another person, alerting the police and getting a restraining order will often be the most effective way to reach a safe resolution.
Nevertheless, even though it might sound simple enough to get a restraining order on paper, many people can feel put off from filing for one due to being afraid of not being taken seriously, or even due to fear of what might happen if the person getting the order filed against them found out – but this is where we come in to lend you a helping hand and provide you with the peace of mind to continue.
In order to ensure that you are able to get yourself a restraining order in the state of Texas, we are going to be talking you through everything you need to know, as well as what you can expect to happen after you have alerted the police of the situation that you currently find yourself in, as well as what life will look like for you after the restraining order has been set up. So, whenever you are ready, let’s jump right in.
How To Get A Restraining Order In Texas?
Before we jump any further, we first want to take a moment to make you aware that all of the information we are going to be sharing with you is not official legal advice. In order to ensure that you are able to be given legal advice that relates to your individual circumstances, we strongly recommend that you seek advice from a lawyer about the situation so that they can help you further.
Nevertheless, in order to help you gain a better understanding of how to get a restraining order in Texas, we are going to be talking you through what you can expect from the process below. Let’s take a look below:
What Is A Restraining Order?
A restraining order, which is most commonly referred to as a protective order in Texas, is an official order that is issued by a legal authority, such as a court. They are intended to provide safety and protection to a vulnerable person, although protective orders can also be granted to a group of people, a business, or even an object.
In addition to this, it is also worth noting that a restraining order is typically given in all situations that involve sexual assault, harassment of any kind, persistent, unwanted stalking, threats, child abuse as well as domestic violence. However, there may also be different circumstances in which a court might decide to grant a person a restraining order, especially if their safety is at risk.
How A Restraining Order Could Help You
If you’re currently considering getting a restraining order against someone (or protective order) then there are a variety of benefits that you can expect to get from getting one. Let’s take a look at them below:
- A restraining order can help to prevent someone from threatening you or trying to hurt or injure you.
- A restraining order will be able to prevent the person that the restraining order is against from contacting you or being within a certain distance from you. This can also apply to your immediate family members, your home, your animals, your place of employment, as well as the school that your children go to if you have any.
- A restraining order has the power to be able to strip the person against whom the restraining order is against their gun license. Besides giving you the peace of mind that you will be safe even at a distance from this person, it will also mean that the police will be able to actually arrest the person that the restraining order is against if they violate the rules and are found carrying a gun.
How To Get A Restraining Order In The State Of Texas?
If you would like to go ahead and get a restraining order against someone, you will need to attend court and speak directly with a judge. Unfortunately, it is important to keep in mind that the restraining order hearing process can take quite a few weeks, although it is possible to be given a Temporary Ex Parte Protective Order in the state of Texas while the official hearing takes place.
After you have filed for a hearing and requested a restraining order, the judge will make a judgment about whether or not they feel that a restraining order is necessary – so it is important to make sure that you are providing as much evidence in support of your restraining order request so that it has credible evidence to grant it.
As we have already briefly touched upon above, as the hearing process can be quite a lengthy process, it is very unlikely that the judge will grant you a temporary restraining order that will last the length of the hearing process. This will typically be for around 2 weeks and will equip you with temporary protection against the person you have filed the restraining order against, so it is important that you make sure to go back to the final hearing so that the judge can grant you the permanent restraining order.
If you do not go back, then the temporary restraining order will expire and your protection will no longer be in place or credible in the eyes of the law.
Once granted, your restraining order will last for around 2 years as per legislation in Texas, and will need to be renewed/reviewed on a two-year basis.