A protective order is a legal order issued by a court that requires one person to stop harming or harassing another person. The person who is being harmed or harassed is called the “protected person.” The person who is being ordered to stop the harmful or harassing behavior is called the “respondent.”
In Texas, there are several different types protective orders. This blog post will focus on how to obtain a protective order in Plano, Texas. Learn more about the difference between a protective order and a restraining order.
1. Determine if you are eligible for a protective order.
In order to obtain a protective order in Texas, you must be able to show that:
– You are related to the respondent by blood or marriage;
– You are or were married to the respondent;
– You have a child with the respondent;
– You are dating or have dated the respondent
2. File an application for a protective order with the clerk of the court in the county where you live OR where the abuse occurred.
3. Serve the respondent with the application and summons.
The application and summons must be served on the respondent in one of three ways:
– By a sheriff, constable, or other certified process server;
– By any adult who is not party to this suit; OR
– If you cannot find the respondent, by publishing notice of the pendency of your lawsuit in a newspaper for four consecutive weeks.
4. Attend the hearing.
After your application has been filed and served, a hearing will be scheduled within 14 days (unless good cause is shown). At the hearing, both you and the respondent will have an opportunity to present evidence and testimony. The judge will then decide whether or not to issue a protective order.
5. Enforce the protective order if necessary.
If the judge decides to issue a protective order, it will be valid for up to two years from the date it is issued. If at any point during those two years you need law enforcement assistance in enforcing the terms of your protective order, you should contact your local police department or sheriff’s office immediately.
Attorney for Protective Order in Plano
If you are experiencing abuse from someone with whom you have a close relationship, know that there are legal options available to help protect you from further harm. Obtaining a restraining order in Plano may seem daunting, but with knowledge of the process and determination to see it through, you can obtain the protection you deserve. If you need legal help with this process or other family law matters, contact the family law attorneys at The Fox Firm for a consultation today.