Obtaining a Restraining Order

You’ve thought it through, and decided that a protective order (also known as a restraining order) is the right choice to make in your current situation. So what now?

Even though you’ve decided that a protective order is necessary, to those unfamiliar with the legal actions involved, the task can feel a bit daunting. Fortunately, obtaining an order is actually a fairly streamlined process in most districts. Remember that no matter how intimidating all the bureaucratic business can seem, the government is there to help and protect you.

Below is a rough outline of the basic steps you will take to obtain a protective order against a physically or emotionally abusive individual:

• Go to the relevant District Court or Commissioner’s Office and request the initial forms. This step alone will grant you an interim two-day protective order. In this paperwork, you will be asked to answer questions about the details of your relationship with the abuser, and what actions you fear he or she might take.
• A temporary protective order, which usually covers the next 7 days or so, will generally be granted if you go before a judge during business hours.
• During this time, a hearing will be scheduled to determine whether or not a long term protective order should be implemented. The other person will be present at this hearing and will be asked to defend his or her position.
• The abuser can be issued a number of regulations beyond the usual call to remain away and not contact the other person, such as surrendering all firearms, visitation restrictions on any children involved, and emergency financial contribution. The abuser may agree “no contest” to the charges even without evidence of abuse presented.

Contact Us

For more information on the legal processes of obtaining a restraining order in Texas, contact the Austin divorce lawyers of Slater, Kennon & Pugh Ltd.LLP today at 512-472-2431.