Restraining Order
A restraining order is a court order intended to protect an individual from being harmed or harassed. Restraining orders are typically issued in situations involving domestic violence, harassment, stalking, or threats of harm. They serve as a protective measure to ensure the safety and well-being of the individual seeking protection.
What Is a Restraining Order?
In Texas, a restraining order is a legal court order that restricts an individual from engaging in certain behaviors or actions that could harm another person or violate their rights. The order can include restrictions on contact, communication, and how close the subject of the order and to the person who filed the restraining order.
A restraining order is a type of protective order and is commonly used in situations involving domestic violence, harassment, stalking, or threats of harm.
Restraining Order Process in Texas
The process for obtaining this order in Texas involves several steps.
Filing a Petition
To obtain this type of protective order, the individual seeking protection, known as the petitioner, must file a petition with the appropriate court. The petition should include detailed information about the alleged abuse or harassment, as well as any evidence or documentation supporting the request.
Temporary Restraining Order (TRO)
In cases of imminent danger or emergencies, the petitioner may request a temporary restraining order (TRO) from the court. A TRO can be granted without a full hearing and provides immediate protection until a hearing can be held to determine whether a permanent protective order is warranted.
Notice and Hearing
Once the petition is filed, the court will schedule a hearing to consider the petitioner’s request for a permanent restraining order. The respondent, or the individual against whom the order is sought, must be served with notice of the hearing and allowed to respond to the allegations.
Evidence and Testimony
At the hearing, both parties may present evidence and testimony to support their positions. This may include witness testimony, medical records, police reports, and other relevant documentation. The court will evaluate the evidence and determine whether a this type of protective order should be granted.
Issuing of Order
If the court determines that the petitioner has met the necessary legal requirements and has demonstrated a need for protection, it may issue a permanent restraining order. This order will outline specific provisions prohibiting the respondent from engaging in certain behaviors, such as contacting the petitioner, coming within a certain distance of the petitioner’s home or workplace, or possessing firearms.
Criminal Charges
Violating a restraining order is considered contempt of court and can result in criminal charges. In Texas, a violation of a protective order is a misdemeanor offense, punishable by fines, probation, and imprisonment. Repeated violations or violations involving acts of violence may result in more severe penalties.
Family Law Implications
In family law proceedings, the existence of this order can have significant implications for child custody and visitation arrangements. A protective order may restrict or prohibit the respondent’s access to the children, depending on the circumstances of the case and the terms of the order.
Additionally, a restraining order may impact decisions regarding property division, spousal support, and other aspects of divorce or family law proceedings.
Conclusion
Overall, restraining orders in Texas serve as a crucial tool for protecting individuals from domestic violence, harassment, and other forms of abuse. By following the legal process for obtaining a protective order and complying with its terms, individuals can take proactive steps to ensure their safety and well-being in situations involving threats or violence.
Words from Those We’ve Guided
Read our clients' stories
-
She helped me at two extremely difficult times in my life- the death of my husband and then my mother- to sort through probating their wills. I highly recommend her to anyone.- Patti H.
-
Ruby Bolton and the Bolton law firm really showed up for the case my wife had against her ex-husband. From her first visit at consultation to picking up the final draft, she felt like she was in good hands. At the end of all this, my wife was able to get some relief and was able to put her ex in check. We got the passport docs, got it to make it mandatory to take the kids to all their sporting events on his weekend, and his child support was reinstated.- David V.
-
I had an amazing experience working with Ben Sander and Kassandra Ramirez during my divorce process. They made everything clear and smooth from start to finish, always taking the time to explain each step and answer any questions I had. Both were extremely responsive and professional, and I always felt supported and informed throughout the entire process. I truly appreciate all their help.- Gabriella P.
-
I had a wonderful experience working with Sara Saeed. She provided a very thorough and detailed consultation, making sure all of my questions were answered. Having worked with other attorneys in The Woodlands area before, I truly appreciate Sara’s knowledge, expertise, and the care she brings.- Polina S.
-
Paige Pritchard made the process seamless and stress free. Her support on my case put me at ease during the entire filing process. I cannot thank her and David Greer enough for their attention to detail and personal attention they have my case.- Dianie S.
-
Rob was very good to answer all my questions and worked hard to keep my case moving even when opposing counsel was slow to respond. While my case was expensive, it was not outside of what I expected to pay. Thank you for the great work.- Jen M.
-
I still have another day of trial, but I have already seen Shaunte fight and stand her ground. I wish I would have found her sooner, she has so many strengths and she is the attorney you want on your case even when things seem hopeless, she finds a way to fight. She is not intimidated at all, she is very respectful and caring and in court she knows how to keep fighting for what is right !!! Thank you so much Shaunte. I will forever be grateful for your help.- Lali M.
-
Kassandra, my paralegal, kept me updated regularly and was such a great support through the whole process. Attorney Henry and Bolton handled everything with grace and were able to achieve a better outcome than I expected. 100/10 recommend Bolton Law for anything family law related!- Sarah
.png.2511031331061.webp "Texas Bar College")
.png.2511031331222.webp "Expertise 2022")
Not Just Getting You Through We don’t just handle your case, we help you rebuild your life with confidence