We appreciate you visiting rbisenberg.com but we do not handle getting a restraining order or protective order against the criminal or person doing the harassment.
You could be the victim of a crime and rbisenberg only handles cases that deal with the person who committed the crime. Our Team of attorneys are criminal defense lawyers and work with the accused not the victim.
Please contact Cornelius Kasey at
https://www.ckaseylaw.com/Personal-Injury-Lawyer-Contact.html
Phone: (214) 520-9099 Email: ckasey@ckaseylaw.com to see if they would be a good fit or can refer you to the right kind of lawyer.
Please see: https://www.txcourts.gov/media/1458605/protective-orders-faq.pdf
PROTECTIVE ORDERS: FAQ
A court order that protects you from someone who has been
violent or threatened to be violent. Violence can include sexual
assault.
It can order the other person to:
• Not hurt or threaten you
• Not contact you or go near you, your children, other family
relatives, your pets, your home, where you work, or your
children’s schools
• Not have a gun or a license to carry a gun
The police can arrest the other person for violating any of these
orders.
After you fill out the forms, make two copies and take them
all to the courthouse. You may file the forms in one of three
places: the county where you live, the county in which the
other person lives, or any Texas county in which the violence
occurred. *If you have a divorce or custody case pending
against the other person, file the forms in the same county
as the case or the county where you live.
The judge can make orders about who gets to use the
house, apartment, or car. The judge can also make other
orders like protection of pets, child custody, child support,
visitation, and spousal support.
You can get a Protective Order if:
• Someone has hurt you or threatened to hurt you, and
• Either you, your spouse or dating partner has a close
relationship with the person who hurt you (close relationships
include: marriage, close relatives, dating or living together,
have a child together.)
You can also get a Protective Order if you have had a Protective
Order against the other person in the past and the other person
violated the parts of that order designed to protect you.
You can also get a Protective Order if you have been sexually
assaulted, stalked, or trafficked even if you do not have a close
relationship with the person who committed these crimes against
you. For more information about this kind of Protective Order,
contact the Texas Advocacy Project, Inc. at 800-374-
HOPE(4673) or the Texas Association Against Sexual Assault
at 512-474-7190. You may find forms for a sexual assault or
stalking Protective Order at https://www.txcourts.gov/forms/.
• Application for Protective Order
• Either an Affidavit or Declaration (see below)
• Temporary Ex Parte Protective Order
• Protective Order
• TCIC Protective Order Data Entry Form
Your Application must include only one of these forms:
Affidavit OR Declaration
The judge may give you a ‘Temporary Ex Parte Protective
Order,’ which is a temporary order that protects you until
your court hearing. Please note: If you do not receive a
court document entitled “Temporary Ex Parte Protective
Order” that is signed by a judge after you apply, you do
NOT have a Protective Order yet. You must go to your
hearing and ask the judge for a Protective Order.
In some cases, the judge orders the other person to leave
the home right away. If you want this, ask the judge when
you file your application and be ready to testify at a hearing.
Yes. Even if you get a Temporary Ex Parte Protective Order,
you must go to the next hearing. It should be in about 2
weeks, and that is when the judge will decide if you get a
Protective Order and for how long. If you do not go, the
Temporary Ex Parte Protective Order may end.
Read Get Ready for Court. You can find this at:
www.texaslawhelp.org/protectiveorderkit or ask the court
clerk for a copy.
You must have the other person “served” before the court
hearing. This means a law enforcement officer –not you– will
“serve” the other person a copy of your application. The clerk
can arrange for law enforcement to serve the other person
for FREE.
Please note: When the other person receives your application,
they will also receive a copy of your signed Affidavit or
Declaration. If the other person is in the military, a copy of your
application and Affidavit or Declaration will also be sent to the
officials on base.
If you want your Date of Birth
and Address kept
confidential. MUST be
signed in front of a notary.
Date of Birth and Address
will be public information
(not confidential.) Does NOT
have to be signed in front of
a notary.
In most cases, a Protective Order will last up to 2 years. There
are some situations where a court can issue an order that lasts
longer than 2 years.
Although you may file these forms without having a lawyer, you are encouraged to get a lawyer to help you in this process. Your county or district attorney or legal aid office may be able to help you for free.
The State Bar of Texas may also be able to refer you to a lawyer if you call 800-252-9690.
What is a Protective Order?
How can a Protective Order help me?
Can I get a Protective Order?
How much does a Protective Order cost?
It is free for you.
How do I ask for a Protective Order?
Fill out the following forms found in this kit:
Do I use the Affidavit or Declaration form?
Where do I file the forms?
What if I live or have children with the other person?
Can I get protection right away?
Do I have to go to court?
How will the other person know about the
Protective Order?
How long will the Protective Order last?
Need help? There is an instruction sheet for each form, but if you need more help, contact: the
Family Violence Legal Line at 800-374-HOPE(4673) or go to www.texaslawhelp.org
