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Whether a judge orders any or all of the above depends on the facts of your case. Regardless of how long your order lasts, after the order has been in effect for one year, the abuser can file a motion to ask that the order be discontinued. Different states have different rules for enforcing out-of-state orders. We serve and support all survivors, no matter their sex or gender. A temporary ex parte order is a court order deed to provide you and your family members with immediate protection from the abuser.

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However, if the crime involved family violence that resulted in serious physical injury or if the abuser used or displayed a deadly weapon while committing a family violence assault, the magistrate must issue this order even if no one specifically requests it.

The abuser does not have to be arrested for you to get one of these orders. An abuser can violate a protective order by disobeying any of the restrictions in the order. Be specific. You can find more information about service of process in our Preparing for Court — By Yourself section, in the question called What is service of process and how do I accomplish it?

Violation of a protective order can be a class A misdemeanor, a state jail felony, or a felony in the third degree depending on various factors. Family violence is defined as:. If you are in immediate danger and want to apply for a temporary ex parte order, you must include a detailed description of the facts and circumstances concerning the family violence and the need for the immediate protective order. If you are using the pro se protective order kit online, TexasLawHelp.

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However, if at all possible, you may want to first contact the legal advocate at your local family violence program to get information about where and how to file in your county since the process varies by county. Note : If you commit violence to protect yourself or your children and the court believes you acted in self-defense, then this is not dating violence. If you meet the definition of dating violence, as explained above, continue reading this section for more information about applying for a family violence protective order.

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However, you will have to evaluate each one to see if it works for your situation. It is very important that you attend the court hearing. If there is no time period written on the order, then it expires on the second anniversary of the date the order was issued. However, do not the application until you have shown it to a clerk.

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Before getting a permanent order, you need to have a full court hearing where the abuser has the opportunity to be present and both you and the abuser have an opportunity to present evidence and testimony. Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. See the At the Hearing for ways you can show the judge that you were abused. If you are applying for a temporary ex parte order, a judge will decide whether there is an immediate danger that the abuser will commit family violence based on the facts included in your application.

Carefully fill out the application. The abuser can also file to modify the order. If the prosecutor will not file on our behalf, you can file on your own, using the online pro se protective order kit. This section defines family violence for the purposes of getting a protective order. In many counties, the county attorney or district attorney will help you file for a protective order and represent you in court. Write about the most recent and severe incidents of violence, using descriptive language slapping, hitting, grabbing, choking, threatening, etc.

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You can get a temporary ex parte order without the abuser present in court. You can about personal jurisdiction in our Court System Basics - Personal Jurisdiction section. A dating relationship is defined as a relationship between people who have or had a continuing romantic or intimate relationship. If you are asking that the abuser be excluded as part of a temporary ex parte protection orderyou must prove all of the following through your affidavit and testimony:. In Texas, you may apply for a protective order against a current or former same-sex partner as long as the relationship meets the requirements listed in Who is eligible for a protective order?

Each order is explained in more detail in the following questions. You might also want to call the court where you originally received the order to tell them your new address so that they can contact you if necessary. You cannot be charged a fee for filing, serving, entering a protective order, or for getting additional certified copies of the order.

Note: If you commit violence to protect yourself or your children and the court believes you acted in self-defense, then this is not family violence. Make sure a police report is filled out, even if no arrest is made. The notice also informs the abuser of the hearing date.

When you apply for a protective order, you must supply the following information:. Nothing, a protective order is free. If you have legal documentation of all violations of the order, it could help you have the order extended or modified in the future.

You do not need to be present in the courtroom for this type of order to be issued. Go to our TX Advocates and Shelters for organizations in your area.

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Here are some things you may want to consider doing. In either case, you can request a new order from the court showing the extended expiration date to make it easier to for the police to enforce the order in case the order is violated after the expiration date written on the original order. In either case, the order will automatically be extended as follows:. Describe in detail how the abuser respondent injured or threatened you. If the abuser does not show up for the hearing, the judge can still grant you a protective order or the judge may order a new hearing date.

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The clerk will generally arrange for service of this notice to the abuser along with the petition that you filed as well as any temporary ex parte orders that were issued. The third order is issued by the criminal court after the abuser is arrested. A domestic violence organization may be able to refer you to free legal services.

To determine if a dating relationship exists, the judge will consider:. You can file a petition in the county where you live, the county where the abuser lives, or any county where the family violence took place. If the prosecutor is not filing on your behalf, you may be able to get free legal representation through a legal services program.

There are a few places where you can find this information:. If you believe that the abuser has violated the protective order, you can immediately call and the abuser can be arrested. If you request it or your family or household member can request itthe judge can order the address and phone of the following places to be removed from the protective order :. The form must be ed in front of a notary public or a judge at the courthouse. The judge will make this decision based upon the information you include in your application for a protective order.

To get a temporary ex parte order, the judge has to believe that the abuser presents a clear and present danger of family violence to you or a family member. When the police arrive, it is usually a good idea to write down the name of the responding officer s and their badge in case you want to follow up on your case. You must the application under oath that the facts and circumstances contained in the application are true to the best of your knowledge. An adult household member or any adult can file for a protective order to protect a minor from family violence.

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You do not need an attorney at the hearing; however, having an attorney can be to your advantage. However, the fact that the abuser did not violate the order does not by itself support a decision that the order is not needed anymore. The temporary ex parte order can be extended for additional day periods if you request it or if the judge decides to extend it, usually due to the fact that the respondent was not yet served.

The first two orders are issued by the civil court upon your application. Explain when and where the abuse or threats occurred. P Art. You will generally file your application in the county where you or the abuser lives or in any county where the abuse took place. However, if the abuser was arrested for a crime that involves family violence where the abuser used or displayed a deadly weapon when committing the assault, the order would be good for between 61 - 91 days.

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A permanent protective order is effective for the time period stated in the order, which generally may be up to a maximum of 2 years. Go to our TX Finding a Lawyer for legal referrals. A temporary ex parte order lasts for the period of time stated in the order, usually up to 20 days. If you want to change the order to add a specific protection to it or to take something out of the order, you can file to modify the order.

If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted. The clerk of the court will issue a Notice of an Application for a Protective Order. If so, you may get a temporary order that usually lasts up to 20 days. The court may order that the abuser pay any attorney fees if applicableand all other fees, charges, or expenses incurred in connection with the protective order.

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The court may not grant all of your requests, so be sure to read your order carefully to see what specific protections the judge ordered. These instructions are meant as a general guide and do not reflect county-specific procedures. Please go to the TX Finding a Lawyer for information about free or low cost legal services.

Please note that the steps listed below vary from county to county. Also, if you think the respondent will have one or if it would make you feel safer, you can consider getting one. This notice states that the abuser has been accused of committing family violence.

While these forms are legally valid in all courts, some counties prefer their own forms. Also, your local family violence program can give you more information about what to expect at the hearing, and may be able to send an advocate with you for support, and provide an attorney referral.

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