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Getting Your Case Dismissed The surest way to get a protective order dropped is to beat the criminal domestic violence charges it is based on. If the prosecutor drops the charges (by entering a nolle), or they are dismissed after a not-guilty verdict, then the protective order will end along with your criminal case.
A restraining order can be dismissed by the petitioner (the person who filed the restraining order) by the filing of a written request for dismissal. A judge can also dismiss the FAPA order after a hearing on the merits, if the judge finds that there aren't grounds upon which the restraining order can stand.
Typically, these restraining orders only last a few weeks prior to a hearing; however, you can usually obtain one without waiting for a long time or before notifying your former spouse. Permanent restraining orders occur after a hearing where you and your former spouse present your cases in front of the court.
The judge may ask you questions about your decision. The Order of Protection will be granted for a time period of 6 months up to 1 year. If, at the end of that time, you feel like you still need protection you can file a "Motion for Extension of Order of Protection".
To obtain an Order of Protection or Injunction Against Harassment you will need: The name, date of birth and address, if known of the person from whom you are requesting protection (the defendant) and, if possible, any other address where that person can be reached.
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How long does a restraining order last for? A restraining order can be made for as long as the judge thinks is necessary to protect you. If the judge doesn't specify a particular period, the order lasts for one year.
Step 1: Go to circuit court and request a petition. Go to the circuit court where you live, where the abuser lives, or where the abuse occurred. ... Step 2: Fill out the petition. Carefully fill out the petition. ... Step 3: A judge will review your petition. ... Step 4: Service of process. ... Step 5: The hearing.
Getting a restraining order is similar to most other court processes. It involves filling out and filing some paperwork, going to a hearing, and then waiting for a judge to reach a decision. The key is proving to a judge that you need a restraining order. That judge is going to be looking for some specific facts.
For a Texas court to issue a temporary protective order, the applicant must show that there is a clear and present danger of family violence, sexual assault or other harm.
What are the grounds for getting a restraining order? The standard test for the order can be sought is whether or not there is evidence of harassment or risk of violence (or further violence) against a victim. You can get a restraining order against someone if the person has: Abused (or threatened to abuse you)

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