Certain victims of domestic violence can request a restraining order in Texas. This is generally free to ensure that destitute victims can get a protective order just as fast as privileged residents. Those who are actually suffering from domestic violence or are being threatened with violence should act as quickly as possible to request a Texas restraining order. These orders, which are called “protective orders” in Texas, prohibit the alleged abuser from engaging in violent acts and can also limit all contact the victim. Individuals seeking protection should first learn how to request a Texas temporary restraining order (TRO). They can then get immediate protection and proceed to extend protection by getting a full restraining order.
Step 1:
Texas state courts have released a packet of documents online (protective order kit) that are used to request a Texas restraining order. Included in this packet is a petition to request a Texas TRO (temporary restraining order or temporary “protective order”). The kit also includes other documents, such as the regular application for a Texas protective order and other forms relevant to seeking court protection in Texas.
Download this kit by looking in the Resources below.
Step 2:
Familiarize yourself with the forms and read them to see what kinds of information you are going to need to request a Texas restraining order. Although you cannot print out these particular forms from the packet and use them (because instructions are provided on the samples, making them impossible to use in real life), you can and probably should fill out all the blanks in the forms so you will be ready to complete the actual restraining-order forms when you get them.
Step 3:
Head to the county clerk’s office in the Texas county where you live (you could also file where the abuser lives if it is a different county). Tell them that you came to request a temporary restraining order. You will then get the forms for free.
Step 4:
Fill out the forms. If you have any questions, you could either ask an attorney for assistance or call the Family Violence Legal Line at 800-374-HOPE. Return the forms to the county clerk.
Step 5:
You will be told to go somewhere in the courthouse to see a judge. This judge will ask you questions about the alleged domestic abuse or threats of violence. Explain what happened, request a Texas temporary restraining order and explain that you are in fear of the abuser.
If the judge believes you, then he will issue a temporary protective order. This goes into effect immediately upon service of the Texas TRO on the alleged abuser. Make sure you keep in contact with the court clerk to see that the papers are served on the abuser.
Step 6:
You will be scheduled for a follow-up hearing in which the abuser has a right to appear. Go to this hearing with any witnesses that have observed violence or threats of violence. If the judge agrees that there is still a threat of violence that you fear, then he will give you a full Texas restraining order.
Tip:
You need to report any and all violations of a Texas protective order to the authorities. An abuser who violates an order can be arrested, as it is a crime to violate a restraining order in Texas.
Resources:
Texas Courts: Kit With Application Forms for a Restraining Order
