Understanding Restraining Orders in Texas: How They Impact Stalking Cases
If you’re facing stalking allegations in Texas, a restraining order (also known as a protective order) can have a serious impact on your life. These court-issued orders are meant to protect alleged victims from harassment, but they can also create legal challenges for the accused. Understanding how protective orders work, how they affect stalking cases, and what to do if one is issued against you is crucial.
Types of Protective Orders Related to Stalking
Texas law provides several types of protective orders that may apply in stalking cases:
1. Protective Orders for Stalking Victims
Victims of stalking can request a protective order under Texas Code of Criminal Procedure Article 6.09. These orders limit or prohibit contact between the accused and the alleged victim. A key point to remember: a person can file for a protective order even if no criminal charges have been filed.
2. Temporary Ex Parte Orders
If the court believes that someone is in immediate danger, they may issue a temporary ex parte protective order. This order goes into effect immediately and does not require a hearing. However, a full hearing will later determine whether the order remains in place long-term.
The Process of Obtaining a Protective Order
Getting a protective order involves several legal steps. Here’s how the process usually works:
1. Filing a Petition
The alleged victim (also known as the petitioner) files a request for a protective order. They must explain why they feel threatened and provide examples of stalking behavior.
2. Court Hearing
A judge will review the case in a formal hearing. Both the petitioner and the accused (also called the respondent) have the opportunity to present evidence. If the judge finds enough proof that stalking occurred, they can issue a long-term protective order.
3. Service of Order
For the order to be legally enforceable, the accused must be officially notified. This is called being served with the order.
Protective orders can restrict many aspects of your life, including:
- Where you can go (you may be barred from certain locations).
- Who you can contact (even indirect communication may be prohibited).
- Firearm ownership (you may be required to surrender any firearms).
Impact of Protective Orders on Stalking Cases
Protective orders are not criminal charges, but they can heavily influence a stalking case. Here’s how:
- Creates Legal Consequences for Contact – If you violate a protective order, even accidentally, you can face criminal charges. This includes things as simple as sending a text or showing up at a place where the petitioner is present.
- Used as Evidence in Court – A protective order can be used by prosecutors to strengthen a stalking case against you.
- Hurts Your Reputation and Rights – A protective order can impact your job, restrict your movements, and affect child custody cases.
Violating a protective order is a crime in Texas. Depending on the situation, it can lead to misdemeanor or felony charges, jail time, and hefty fines.
Key Considerations About Protective Orders
- You Have the Right to Defend Yourself – You are allowed to challenge a protective order in court with the help of an attorney.
- Protective Orders Can Be Temporary or Long-Term – Some orders last only a few weeks, while others can last up to two years or more.
- Violating an Order, Even by Accident, Is Serious – Even if the petitioner contacts you first, responding can still be considered a violation of the order.
If you have been served with a protective order related to stalking, taking it seriously is essential.
Get Legal Help from The Fox Firm
If you are facing stalking allegations or have been served with a protective order, you need experienced legal representation to protect your rights.
At The Fox Firm, we can:
✅ Review the case against you and find weaknesses in the allegations.
✅ Defend you in protective order hearings to prevent unnecessary restrictions on your life.
✅ Fight to get stalking charges reduced or dismissed when possible.
Don’t wait—protect your future. Contact The Fox Firm today for a confidential consultation and let us help you navigate this challenging situation.