- (512) 478-0834 - Travis County TX Family Law Attorney Firstly a legal attorney must be consulted. In some cases, the judge might decide to issue the order on their own. If you are afraid the other party will do something harmful before the temporary orders hearing, you can ask the judge to sign a temporary restraining order (TRO).. A TRO is an emergency court order that orders a party not to take some particular action until a hearing can be held. order payment of child support and medical support, set terms and conditions for visitation with the children, order the abuser to attend anger management classes, order drug testing, order the abuser to attend a substance abuse treatment program, order the offender out of the home (“kick out order”). It can be issued upon a request made by your guardian (if you have one), the police officer who made the arrest, or the prosecutor. It can also suspend a person's right to bear or even own firearms. Types of Restraining Orders in Texas A restraining or protective order is a court order requiring one person to stop bothering, stalking or abusing another person. Restraining orders are not to be confused with protective orders. As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. To apply for a restraining order in Houston, file suit against a party and include a motion in that petition or file a separate motion after the petition. and his legal team will take up your case and treat it with the sense of urgency and care it deserves. Restraining Order TX. 512-478-0834 Open/Close Menu Austin Divorce Lawyer - Eric M. Willie, P.C. A family law attorney will often recommend that a restraining order be filed to protect a divorcing spouse from any unexpected angry acts directed at them. Learn more in our latest blog post. A date is set for the hearing. Spengler splits her time between the French Basque Country and Northern California. Restraining orders are used routinely in divorces that occur in Texas. Berkeley's Boalt Hall. Family Violence Protective Orders. Texas Restraining Orders. In Texas, there are three types of orders of protection based on family violence: 1. Even the secretary went out of her way to drop paperwork off at my home. An emergency protective order is used when immediate protection from harm is necessary for a short period of time (usually less than one week). The court decides whether to grant a protective order. Here are some examples of these types of forms: Restraining Order Application Forms are the kind of forms for those people who want to try and apply for a restraining order. Temporary Restraining Orders: A temporary restraining order (TRO) can be issued for a very short time period—typically a maximum of 10 days. Restraining orders can be lengthy and contain numerous provisions. Texas Family Code defines restraining orders as either a Temporary Restraining Order (TRO) or an Injunction. The person seeking the order must go to the district attorney's office or the courthouse to obtain the forms. In order to understand why the different types of restraining orders have different effective times, it helps to have a general understanding of each of their uses. How long does a permanent (final) protective order last? Although many people use “restraining order” and “protective order” to refer to the same thing, these two terms actually describe two different types of court orders. The person to be restrained must be served with a copy of the petition for restraining order and a time and place for the hearing for a permanent protective order. A TRO may be issued without notifying the defendant in order to prevent harm to the plaintiff. The court will include an expiration date in the protective order. Texas law recognizes the need that some people have to protect themselves from the persistent hazards generated by certain dangerous or erratic individuals, especially in cases of domestic abuse. Instead, it is issued by a criminal court. Our lawyers are well versed in family law, have handled a large number of domestic violence cases, and know what it takes to convince the court and obtain a protective order. In order to prevent the abuse of a child or other family member a Protective Order can be issued by a Court. What is a temporary ex parte order? Restraining orders, which are known as protective orders under Texas law, are defined by the Texas Attorney General as “a civil court order issued to prevent continuing acts of family violence, sexual assault, human trafficking, or stalking.” To find out how our Austin domestic violence attorneys can help you, call us at 512-379-6356 or complete this online form. For What Reasons Can You Get a Restraining Order? 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