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Commonly Asked Questions about Texas protective Order Forms

How to put a restraining order on someone in Texas?

How to Get a Restraining Order in Texas Go to your local district courthouse where you live or even the district attorneys office. Fill out a Texas restraining order application. Wait for the judge to review your application and answer any questions the judge may have. Let the judge know if you face immediate danger.

What is the burden of proof for a protective order in Texas?

Protective orders for domestic violence requirements The burden of proof for a protective order to be issued in Texas involves what is known as a preponderance of evidence favoring the accuser. That is a lower burden of proof than that of a criminal trial, which requires proof beyond a reasonable doubt.

Can a justice of the peace issue a protective order in Texas?

Here, learn about peace bonds. These are court orders issued by a justice of the peace in Texas to protect someone whose person or property has been threatened, when harm has not yet occurred.

What is the difference between a protective order and a no contact order in Texas?

Under Texas law, 71.001 et seq., no contact orders are provided to protect individuals from domestic violence. Protective orders can be temporary with a maximum time frame of 20 days (can be extended) or general which can last up to two years.

What must a Texas court find to sustain the issuance of a protective order?

(b) If the court finds that there are reasonable grounds to believe that the applicant is the victim of sexual assault or abuse, stalking, or trafficking, the court shall issue a protective order that includes a statement of the required findings.

What is a motion to dissolve a protective order in Texas?

If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to dissolve (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.

What is the protective order rule in Texas?

A protective order is a civil court order protecting against someone who has been violent. In Texas there are three different types of protective orders. If you have been a victim of family or dating violence, sexual abuse, or stalking, you can apply for a court order to keep your abuser away.