Outline
The Texas Order form serves as a crucial tool for individuals seeking protection from violence or threats in their lives. It outlines the process for obtaining a protective order, which is a legal document that can prohibit an individual from contacting or approaching the person seeking protection. Key features of the form include the ability to request a Temporary Ex Parte Protective Order, which provides immediate relief until a full court hearing can take place. This order can restrict the alleged abuser from possessing firearms, entering shared residences, or having contact with the applicant and their children. Additionally, the form allows for specific requests regarding child custody, visitation, and spousal support, ensuring that all aspects of safety and family welfare are addressed. Filing the form is free, and while individuals can proceed without legal representation, it is strongly recommended to seek legal assistance for a more effective process. The form also includes provisions for notifying the other party, ensuring that they are aware of the proceedings and can respond accordingly. Understanding the Texas Order form is essential for anyone in need of protection, as it lays the groundwork for a safer living environment and legal recourse against violence.
Sample - Texas Order Form
Protective Orders
What is a protective order?
It is a court order that protects you from someone who has been violent or threatened to be violent.
How can a protective order help me?
It can order the other person to:
•Not hurt you or threaten to hurt you
•Not contact you or go near you, your children, other family relatives, 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.
Can I get a protective order?
You can get a protective order if:
What if the other person and I live together or have children together?
The judge can make orders about who gets to use the house, apartment or car.
The judge can also make other orders, like child custody, child support, visitation, and spousal support.
Can I get protection right away?
The judge may give you a temporary order that protects you until your court hearing. This order is called a “Temporary Ex Parte Protective Order”.
In some cases, the judge orders the other person to leave the home right away. If you want this, you should ask the judge. Be ready to testify at a hearing when you file your Application.
•Someone has hurt you, or threatened to hurt you, and
•You have a close relationship with that person (you were or are married, dating or living together, have a child together or are close relatives), and
•You are afraid that person may hurt you again.
How much does it cost?
It is free for you.
Do I have to go to court?
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. The judge will decide if you should have protection and for how long. If you do not go, the Temporary Ex Parte Protective Order may end.
Read Get Ready for Court in this kit. Or get it from the court clerk or from: www.texaslawhelp.org/protectiveorderkit
How do I ask for a protective order?
Fill out the forms in this kit:
-Application for Protective Order
-Temporary Ex Parte
Protective Order
- Protective Order
- Respondent Information
Where do I file the forms?
After you fill out the forms, take the forms with 2 copies to the courthouse. File them in the county where you or the other person lives. But if you have a divorce or custody case pending against the other person, file the forms in that same county or the county where you live.
How will the other person know about the protective order?
You must have the other person “served” before the court hearing. This means
The clerk can arrange for law enforcement to serve the other person the court papers for FREE (for you).
Need help?
There is an instruction sheet for each form. But, if you need more help, contact:
Family Violence Legal Line:
Or, go to: www.texaslawhelp.org/protectiveorderkit
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 for free. The State Bar of Texas may also be able to refer you to a lawyer if you call
Get Ready for Court
Don’t miss your hearing!
If you miss it, your Temporary Ex Parte Protective Order may end and you will have to start from the beginning.
Get ready.
•Fill out a Protective Order before you go to court and bring it with you.
•Bring any evidence you have, like photographs, medical records, torn clothing. Also bring witnesses who know about the violence, like a neighbor, relative or police. The judge may ask them to testify.
•Bring proof of your and the other person’s income and expenses, like bills, paycheck stubs, bank accounts, tax returns.
•If the Proof of Service was returned to you, file it with the clerk and bring a copy to court.
Get there 30 minutes early.
•Find the courtroom.
•When the courtroom opens, go in and tell the clerk or officer that you are present.
•Watch the other cases so you will know what to do.
•When your name is called, go to the front of the courtroom.
What if I don’t speak English?
When you file your papers, tell the clerk you will need an interpreter.
If a court interpreter is not available, bring someone to interpret for you. Do not ask a child, a protected person, or a witness to interpret for you.
What if I am deaf?
When you file your papers, ask for an interpreter or other accommodation.
What if I need child support or visitation orders?
Call the Family Violence Legal Line before you go to court:
What if I am afraid?
If you don't feel safe, call your local family crisis center or the National Domestic Violence Hotline:
Practice what you want to say.
Make a list of the orders you want and practice saying them. Do not take more than 3 minutes to say what you want.
If you get nervous at the hearing, just read from your list. Use that list to see if the judge has made every order you asked for.
The judge may ask questions.
The other person or his or her lawyer may also ask you questions. Tell the truth. Speak slowly. Give complete answers.
If you don’t understand, say, “I don’t understand the question.”
Speak only to the judge unless it is your turn to ask questions. When people are talking to the judge, wait for them to finish. Then you can ask questions about what they said.
What happens after the hearing?
If the judge agrees you need protection, the judge will sign your Protective Order.
Take your signed order to the court clerk. Ask for copies of your order (or make extra copies) and keep one with you at all times.
Give copies of your order to your children’s day care, babysitter, or school. If the other person violates the order, call the police and show them your order.
Need help?
If you are in danger, call the police: 911 Or call Family Violence Legal Line:
Or go to:
www.texaslawhelp.org/protectiveorderkit
Case No.: ______________________________
Your name here.
Applicant: ______________________________________ |
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In the ____________________________ Court |
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You are the Applicant. |
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The clerk fills |
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of |
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out this part |
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Name of person you want protection from. |
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Respondent: |
____________________________________ |
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__________________________ County, Texas |
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This is the Respondent. |
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Application for Protective Order
1Parties
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Name: |
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County of Residence: |
Applicant: |
Your name here |
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County where |
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Respondent: |
Name of person you want protection from |
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each person lives |
Respondent’s address for service: |
Best address to give the other person a copy of this form |
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Check all that apply: |
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The Applicant and Respondent are or were members of the same family or household. |
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The Applicant and Respondent are parents of the same child or children. |
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The Applicant and Respondent used to be married. The Applicant and Respondent are or were dating.
The Applicant is an adult asking for protection for the Children named below from child abuse and/or family or dating violence.
2Children: The Applicant is asking for protection for these Children under age 18:
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Name: |
Is Respondent the biological parent? |
County of Residence: |
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Yes |
No |
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b. |
Names of children |
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Yes |
No |
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County where |
c. |
needing protection |
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Yes |
No |
each person lives |
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d. |
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Yes |
No |
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Check all that apply:
Other children are listed on a sheet attached to this Application.
The Children are or were members of the Applicant’s family or household.
The Children are the subject of a court order affecting access to them or their support.
3Other Adults: The Applicant is asking for protection for these Adults, who are or were members of the
Applicant’s family or household:
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Name: |
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County of Residence: |
a. |
Names of other adults needing protection |
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County where |
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each person lives |
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4Other Court Cases: Are there other court cases, like divorce, custody, support, involving the Applicant,
Respondent, or the Children? |
Yes |
No |
If “Yes,” say what kind of case and if the case is active or completed. |
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If “completed,” (check one): |
A copy of the final order is attached. |
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A copy of the final order will be filed before the hearing on this Application. |
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5Grounds: Why is the Applicant asking for this Protective Order? ChReadck oneandor checkboth:
The Respondent committed family violence and is likely to commitonefamilyor bothviolence in the future.
The Respondent violated a prior Protective Order that expired, or will expire in 30 days or less. A copy of the
Order is (check one): |
Attached, or |
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Not available now but will be filed before the hearing on this Application. |
Sample Only – Do Not File |
Page 1 of 4 |
Application for Protective Order |
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Form Approved by the Supreme Court of Texas by order in Misc. Docket No. |
Check all the orders you
The Applicant requests a Protective Order and asks the Court to make all Orders marked with a check want the judge to make
6Orders to Prevent Family Violence
The Applicant asks the Court to order the Respondent to (Check all that apply):
a.Not commit family violence against any person named on page 1 of this form.
b.Not communicate in a threatening or harassing manner with any person named on page 1 of this form.
c.Not communicate a threat through any person to any person named on page 1 of this form.
d.Not communicate or attempt to communicate in any manner with (Check all that apply):
Applicant Children Other Adults named on page 1 of this form.
The Respondent may communicate through: _______________________ or other person the Court appoints.
Good cause exists for prohibiting the Respondent’s direct communications.
e.Not go within 200 yards of the (Check all that apply):
Applicant |
Children |
Other Adults named on page 1 of this form. |
f.Not go within 200 yards of the residence, workplace or school of the (Check all that apply):
Applicant |
Other Adults named on page 1 of this form. |
g.Not go within 200 yards of the Children’s residence,
h.Not stalk, follow or engage in conduct directed specifically to anyone named on page 1 of this form that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass them.
The Applicant also asks the Court to make these Orders (Check all that apply):
i.Suspend any license to carry a concealed handgun issued to the Respondent under state law.
j.Require the Respondent to complete a battering intervention and prevention program; or if no such program is available, counseling with a social worker, family service agency, physician, psychologist, licensed therapist, or licensed professional counselor; and pay all costs for the counseling or treatment ordered.
k.Require the Respondent to follow these provisions to prevent or reduce the likelihood of family violence.
__________________________________________________________________________________________________________________
The law requires a trial court issuing a protective order to prohibit the Respondent from possessing a firearm or ammunition, unless the Respondent is a peace officer actively engaged in employment as a sworn,
7Property Orders
The Residence located at:________________________________________________________________________________________________Your home address here, unless you want it to be confidential.
(Check one): is jointly owned or leased by the Applicant and Respondent; is solely owned or leased by the Applicant; or
is solely owned or leased by the Respondent; and the Respondent is obligated to support the Applicant or a child in the Applicant’s possession.
The Applicant also asks the Court to make these orders (Check all that apply):
The Applicant to have exclusive use of the Residence identified above, and the Respondent must vacate the Residence.
The sheriff, constable, or chief of police shall provide a law enforcement officer to accompany the Applicant to the Residence, to inform the Respondent that the Court has ordered the Respondent excluded from the Residence, to provide protection while the Applicant takes possession of the Residence and the Respondent removes any necessary personal property, and, if the Respondent refuses to vacate the Residence, to remove the Respondent from the Residence and arrest the Respondent for violating the Court’s Order.
The Applicant to have exclusive use of the following property that the Applicant and Respondent jointly own
or lease:______________________________________________________________________________________________________________List the property you want to use or control, like a car or
______________________________________________________________________________________________________________________furniture, even if the other person owns it with you.
The Respondent must not damage, transfer, encumber, or otherwise dispose of any property jointly owned or leased by the parties, except in the ordinary course of business or for reasonable and necessary living expenses, including, but not limited to, removing or disabling any vehicle owned or possessed by the Applicant or jointly owned or possessed by the parties (whether so titled or not).
Sample Only – Do Not File |
Page 2 of 4 |
Application for Protective Order |
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Form Approved by the Supreme Court of Texas by order in Misc. Docket No. |
Your home address here
8Spousal Support Order
The Applicant is married to the Respondent or otherwise legally entitled to support from the Respondent and asks
Checkthe Couheret toif orderyou wantthe Respondentspousal supportto ay support. in an amount set by the Court.
9Orders Related to Removal, Possession and Support of Children
The Respondent is a parent of the following of the Applicant’s children:
Check here and fill out this section if you want the
judge to make orders about who the children can stay
with,And, therestrictionsApplicantonaskstravel,for theseandOrderschild supportin the best. interest of the people named on page 1 of this form.
Check all that apply:
The Respondent must not remove the children from the Applicant’s possession or from their
Establish or modify a schedule for the Respondent’s possession of the Children, subject to any terms and conditions necessary for the safety of the Applicant or the Children.
Require the Respondent to pay child support in an amount set by the Court.
10Temporary Ex Parte Protective Order
Based on the information in the attached Affidavit, there is a clear and present danger of family violence that will cause the Applicant, Children or Other Adults named on page 1 of this form immediate and irreparable injury, loss and damage, for which there is no adequate remedy at law. Applicant asks the Court to issue a Temporary Ex Parte Protective Order immediately without bond, notice or hearing.
11Ex Parte Order: Vacate Residence Immediately
The Applicant now lives with the Respondent at:or has resided at this
Residence within the 30 days prior to filing this Application. The Respondent committed family violence against Checka memberhereofif theyouhouseholdwant thewithinjudgetheo 30 days prior to the filing of this Application, as described in the attached orderAffidavitthe other. Therepersonis a clearto andmovepresentou . danger that the Respondent is likely to commit family violence against a member of the household. The Applicant is available for a hearing but asks the Court to issue a Temporary Ex
Parte Protective Order immediately without bond, notice or hearing:
•Granting the Applicant exclusive use and possession of the Residence and ordering the Respondent to vacate the Residence immediately, and remain at least 200 yards away from the Residence pending further Order of the Court; and
•Directing the sheriff, constable, or chief of police to provide a law enforcement officer to accompany the Applicant to the Residence, to inform the Respondent that the Court has ordered the Respondent to vacate the Residence, and to provide protection while the Applicant either takes possession of the Residence or removes necessary personal property.
12 Keep Information Confidential
The Applicant asks the Court to keep addresses and telephone numbers for residences, workplaces, schools, and Check here if you want to keep
childcare facilities confidential. your contact information private.
13Fees And Costs
The Applicant asks the Court to order the Respondent to pay fees for service of process, all other fees and costs of Court, and reasonable attorneys’ fees, if applicable.
I have read the entire Application and it is true and correct to the best of my knowledge.
Sign Here
________________________________________
Applicant, Pro se
Address where Applicant may be contacted: __________________________________________________________
List your address/phone or another address/phone
Phone # where Applicant may be contacted: ____________________________ Fax #: _________________________
if you want yours kept confidential.
(List another address/phone if you want yours kept confidential)
Form Approved by the |
Sample Only – Do Not File |
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Application for Protective Order |
Page 3 of 4 |
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Supreme Court of Texas by order in Misc. Docket No.
Affidavit
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Write the name of |
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your county here |
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County of ____________________________________________ |
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State of Texas |
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My name is |
___________________________________________Your name here |
. I am ______ years old and otherwise competent |
to make this Affidavit. The information and events described in this Affidavit are true and correct.
1Describe the most recent time the Respondent hurt you or threatened to hurt you:
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______________________________________________________________________________________________________________________ |
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Answer every question on this form. |
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______________________________________________________________________________________________________________________ |
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______________________________________________________________________________________________________________________ |
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If it happened in the last 30 days, the judge |
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What date did this happen? _____ / ____ / _____ |
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can order the Respondent to move out. |
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Was a weapon involved? |
Yes |
No |
If yes, what kind? ____________________________________________ |
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Were any children there? |
Yes |
No |
If yes, who? __________________________________________________ |
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Did you call the police? |
Yes |
No |
If yes, what happened? _____________________________________ |
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Did you get medical care? |
Yes |
No |
If yes, describe your injuries: _______________________________ |
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
7Has the Respondent ever threatened or hurt you BEFORE? Describe below, including date(s).
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______________________________________________________________________________________________________________________ |
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Were weapons ever involved? |
Yes |
No |
If yes, what kind? ____________________________ |
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Were any children there? |
Yes |
No |
If yes, who? ___________________________________ |
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Have the police ever been called? |
Yes |
No |
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Did you ever have to get medical care? |
Yes |
No |
If yes, describe your injuries: _______________ |
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
Do NOT sign until the notary tells you to.
____________________________________________________________
Applicant signs here
On ____ / ____ / _____, the Applicant ___________________________________ personally appeared before
me, the undersigned notary. After being sworn, the Applicant stated that she/he is qualified to make this oath, Notary fills out this part.
that she/he has read the foregoing Application and Affidavit, that she/he has personal knowledge of the facts asserted, and the facts asserted are true to the best of her/his knowledge and belief.
Subscribed and sworn to before me on ____ / ____ / _____.
_______________________________________________________________________
Notary Public in and for the State of Texas
My Commission expires: _____________________________________________
Sample Only – Do Not File |
Page 4 of 4 |
Application for Protective Order |
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Form Approved by the Supreme Court of Texas by order in Misc. Docket No. |
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Case No.: ______________________________
Applicant: ______________________________________ |
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In the ____________________________ Court |
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Respondent: ____________________________________ |
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__________________________ County, Texas |
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Application for Protective Order |
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1 Parties |
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Name: |
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County of Residence: |
Applicant: |
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Respondent: |
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Respondent’s address for service:
Check all that apply:
The Applicant and Respondent are or were members of the same family or household. The Applicant and Respondent are parents of the same child or children.
The Applicant and Respondent used to be married. The Applicant and Respondent are or were dating.
The Applicant is an adult asking for protection for the Children named below from child abuse and/or family or dating violence.
2Children: The Applicant is asking for protection for these Children under age 18:
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Name: |
Is Respondent the biological parent? |
County of Residence: |
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a. |
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Yes |
No |
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b. |
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Yes |
No |
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c. |
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Yes |
No |
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d. |
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Yes |
No |
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Check all that apply:
Other children are listed on a sheet attached to this Application.
The Children are or were members of the Applicant’s family or household.
The Children are the subject of a court order affecting access to them or their support.
3Other Adults: The Applicant is asking for protection for these Adults, who are or were members of the
Applicant’s family or household:
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Name: |
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County of Residence: |
a. |
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b. |
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4Other Court Cases: Are there other court cases, like divorce, custody, support, involving the Applicant,
Respondent, or the Children? |
Yes |
No |
If “Yes,” say what kind of case and if the case is active or completed. |
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If “completed,” (check one): |
A copy of the final order is attached. |
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A copy of the final order will be filed before the hearing on this Application. |
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5Grounds: Why is the Applicant asking for this Protective Order? Check one or both:
The Respondent committed family violence and is likely to commit family violence in the future.
The Respondent violated a prior Protective Order that expired, or will expire in 30 days or less. A copy of the
Order is (check one): |
Attached, or |
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Not available now but will be filed before the hearing on this Application. |
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Application for Protective Order |
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Page 1 of 4 |
Form Approved by the Supreme Court of Texas by order in Misc. Docket No. |
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The Applicant requests a Protective Order and asks the Court to make all Orders marked with a check
6Orders to Prevent Family Violence
The Applicant asks the Court to order the Respondent to (Check all that apply):
a.Not commit family violence against any person named on page 1 of this form.
b.Not communicate in a threatening or harassing manner with any person named on page 1 of this form.
c.Not communicate a threat through any person to any person named on page 1 of this form.
d.Not communicate or attempt to communicate in any manner with (Check all that apply):
Applicant Children Other Adults named on page 1 of this form.
The Respondent may communicate through: _______________________ or other person the Court appoints.
Good cause exists for prohibiting the Respondent’s direct communications.
e.Not go within 200 yards of the (Check all that apply):
Applicant |
Children |
Other Adults named on page 1 of this form. |
f.Not go within 200 yards of the residence, workplace or school of the (Check all that apply):
Applicant |
Other Adults named on page 1 of this form. |
g.Not go within 200 yards of the Children’s residence,
h.Not stalk, follow or engage in conduct directed specifically to anyone named on page 1 of this form that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass them.
The Applicant also asks the Court to make these Orders (Check all that apply):
i.Suspend any license to carry a concealed handgun issued to the Respondent under state law.
j.Require the Respondent to complete a battering intervention and prevention program; or if no such program is available, counseling with a social worker, family service agency, physician, psychologist, licensed therapist, or licensed professional counselor; and pay all costs for the counseling or treatment ordered.
k.Require the Respondent to follow these provisions to prevent or reduce the likelihood of family violence.
__________________________________________________________________________________________________________________
The law requires a trial court issuing a protective order to prohibit the Respondent from possessing a firearm or ammunition, unless the Respondent is a peace officer actively engaged in employment as a sworn,
7Property Orders
The Residence located at:________________________________________________________________________________________________
(Check one): is jointly owned or leased by the Applicant and Respondent; is solely owned or leased by the Applicant; or
is solely owned or leased by the Respondent; and the Respondent is obligated to support the Applicant or a child in the Applicant’s possession.
The Applicant also asks the Court to make these orders (Check all that apply):
The Applicant to have exclusive use of the Residence identified above, and the Respondent must vacate the Residence.
The sheriff, constable, or chief of police shall provide a law enforcement officer to accompany the Applicant to the Residence, to inform the Respondent that the Court has ordered the Respondent excluded from the Residence, to provide protection while the Applicant takes possession of the Residence and the Respondent removes any necessary personal property, and, if the Respondent refuses to vacate the Residence, to remove the Respondent from the Residence and arrest the Respondent for violating the Court’s Order.
The Applicant to have exclusive use of the following property that the Applicant and Respondent jointly own
or lease:______________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
The Respondent must not damage, transfer, encumber, or otherwise dispose of any property jointly owned or leased by the parties, except in the ordinary course of business or for reasonable and necessary living expenses, including, but not limited to, removing or disabling any vehicle owned or possessed by the Applicant or jointly owned or possessed by the parties (whether so titled or not).
Application for Protective Order |
Page 2 of 4 |
Form Approved by the Supreme Court of Texas by order in Misc. Docket No. |
8Spousal Support Order
The Applicant is married to the Respondent or otherwise legally entitled to support from the Respondent and asks the Court to order the Respondent to pay support in an amount set by the Court.
9Orders Related to Removal, Possession and Support of Children
The Respondent is a parent of the following of the Applicant’s children:
And, the Applicant asks for these Orders in the best interest of the people named on page 1 of this form. Check all that apply:
The Respondent must not remove the children from the Applicant’s possession or from their
Establish or modify a schedule for the Respondent’s possession of the Children, subject to any terms and conditions necessary for the safety of the Applicant or the Children.
Require the Respondent to pay child support in an amount set by the Court.
10Temporary Ex Parte Protective Order
Based on the information in the attached Affidavit, there is a clear and present danger of family violence that will cause the Applicant, Children or Other Adults named on page 1 of this form immediate and irreparable injury, loss and damage, for which there is no adequate remedy at law. Applicant asks the Court to issue a Temporary Ex Parte Protective Order immediately without bond, notice or hearing.
11Ex Parte Order: Vacate Residence Immediately
The Applicant now lives with the Respondent at: _________________________________ or has resided at this
Residence within the 30 days prior to filing this Application. The Respondent committed family violence against a member of the household within the 30 days prior to the filing of this Application, as described in the attached Affidavit. There is a clear and present danger that the Respondent is likely to commit family violence against a member of the household. The Applicant is available for a hearing but asks the Court to issue a Temporary Ex Parte Protective Order immediately without bond, notice or hearing:
•Granting the Applicant exclusive use and possession of the Residence and ordering the Respondent to vacate the Residence immediately, and remain at least 200 yards away from the Residence pending further Order of the Court; and
•Directing the sheriff, constable, or chief of police to provide a law enforcement officer to accompany the Applicant to the Residence, to inform the Respondent that the Court has ordered the Respondent to vacate the Residence, and to provide protection while the Applicant either takes possession of the Residence or removes necessary personal property.
12Keep Information Confidential
The Applicant asks the Court to keep addresses and telephone numbers for residences, workplaces, schools, and childcare facilities confidential.
13Fees And Costs
The Applicant asks the Court to order the Respondent to pay fees for service of process, all other fees and costs of Court, and reasonable attorneys’ fees, if applicable.
I have read the entire Application and it is true and correct to the best of my knowledge.
________________________________________
Applicant, Pro se
Address where Applicant may be contacted: __________________________________________________________
Phone # where Applicant may be contacted: ____________________________ Fax #: _________________________
(List another address/phone if you want yours kept confidential)
Application for Protective Order |
Page 3 of 4 |
Form Approved by the Supreme Court of Texas by order in Misc. Docket No. |
AFFIDAVIT
County of ____________________________________________
State of Texas
My name is ___________________________________________. I am ______ years old and otherwise competent
to make this Affidavit. The information and events described in this Affidavit are true and correct.
1Describe the most recent time the Respondent hurt you or threatened to hurt you:
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
2What date did this happen? _____ / ____ / _____
3 |
Was a weapon involved? |
Yes |
No |
If yes, what kind? ____________________________________________ |
4 |
Were any children there? |
Yes |
No |
If yes, who? __________________________________________________ |
5 |
Did you call the police? |
Yes |
No |
If yes, what happened? _____________________________________ |
6 |
Did you get medical care? |
Yes |
No |
If yes, describe your injuries: _______________________________ |
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
7Has the Respondent ever threatened or hurt you BEFORE? Describe below, including date(s).
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______________________________________________________________________________________________________________________ |
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______________________________________________________________________________________________________________________ |
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8 |
Were weapons ever involved? |
Yes |
No |
If yes, what kind? ____________________________ |
9 |
Were any children there? |
Yes |
No |
If yes, who? ___________________________________ |
10 |
Have the police ever been called? |
Yes |
No |
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11 |
Did you ever have to get medical care? |
Yes |
No |
If yes, describe your injuries: _______________ |
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
____________________________________________________________
Applicant signs here
On ____ / ____ / _____, the Applicant ___________________________________ personally appeared before
me, the undersigned notary. After being sworn, the Applicant stated that she/he is qualified to make this oath, that she/he has read the foregoing Application and Affidavit, that she/he has personal knowledge of the facts asserted, and the facts asserted are true to the best of her/his knowledge and belief.
Subscribed and sworn to before me on ____ / ____ / _____.
_______________________________________________________________________
Notary Public in and for the State of Texas
My Commission expires: _____________________________________________
Application for Protective Order |
Page 4 of 4 |
Form Approved by the Supreme Court of Texas by order in Misc. Docket No. |
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Form Information
| Fact Name | Details |
|---|---|
| Definition of Protective Order | A protective order is a court order designed to protect individuals from someone who has been violent or threatened violence. |
| Eligibility Criteria | You can apply for a protective order if you have been harmed or threatened by someone with whom you have a close relationship. |
| Temporary Orders | A judge may issue a Temporary Ex Parte Protective Order for immediate protection until a court hearing takes place. |
| Cost | There are no fees associated with filing for a protective order; it is free for the applicant. |
| Governing Law | The Texas Family Code governs protective orders, specifically sections related to family violence. |
Detailed Guide for Filling Out Texas Order
Filling out the Texas Order form is an important step in seeking protection. After completing the form, you will need to file it at the courthouse. It is essential to follow the instructions carefully to ensure your application is processed smoothly.
- Begin by entering your name as the Applicant at the top of the form.
- Fill in the case number if you have one, or leave it blank for the clerk to fill in.
- In the section for the Respondent, write the name of the person you seek protection from.
- Indicate the county where you and the Respondent live.
- Provide the Respondent’s address for service, which is the best place to reach them.
- Check all boxes that apply to describe your relationship with the Respondent.
- If applicable, list the children you are asking for protection for, including their names and if the Respondent is their biological parent.
- Include details about any other adults needing protection, if necessary.
- Answer whether there are any other court cases involving you, the Respondent, or the children.
- Explain the grounds for your request, checking the appropriate boxes.
- List the orders you want the judge to make, checking all that apply.
- Provide information about your residence and check the appropriate ownership box.
- If you want spousal support, check the box to request it.
- Fill out the section regarding children’s custody and support if applicable.
- If you need a Temporary Ex Parte Protective Order, indicate that in the designated section.
- Sign the application at the bottom, confirming that the information is true and correct.
- Provide your contact information where you can be reached.
Once you have completed the form, make two copies and take them to the courthouse. Be prepared to have the other person served with a copy of your application. If you have questions or need assistance, resources are available to help you through this process.
Obtain Answers on Texas Order
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What is a protective order?
A protective order is a legal document issued by a court to help protect individuals from someone who has been violent or has threatened violence. This order can prevent the other person from contacting you, coming near you or your family, and can even restrict their access to firearms.
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How can a protective order help me?
A protective order can provide several forms of protection. It can:
- Order the other person to refrain from causing you harm or threatening you.
- Prevent them from contacting you or approaching you, your home, workplace, or children's schools.
- Restrict them from possessing a firearm or a license to carry a firearm.
If the other person violates any of these orders, law enforcement can arrest them.
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Can I get a protective order if I live with the other person or have children together?
Yes, you can still obtain a protective order under these circumstances. The court can make decisions regarding who may live in the shared home, as well as orders related to child custody, support, and visitation. It is essential to communicate your specific needs to the judge during the hearing.
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How much does it cost to file for a protective order?
Filing for a protective order is free of charge. You should not have to pay any fees to initiate this process, which is designed to support individuals seeking safety and protection.
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Do I need to appear in court for a protective order?
Yes, you must attend a court hearing, even if you have received a Temporary Ex Parte Protective Order. The hearing usually occurs within two weeks of filing your application. If you do not attend, the temporary order may be dismissed, and you may have to start the process again.
Common mistakes
Filling out the Texas Order form can be a daunting task, and many people make mistakes that could delay or jeopardize their request for a protective order. One common mistake is failing to provide complete and accurate information about the respondent. It is essential to include the full name and correct address of the person you are seeking protection from. If this information is incorrect or missing, it could lead to delays in serving the papers, which is a crucial step in the process.
Another frequent error occurs when applicants do not check all relevant boxes regarding their relationship with the respondent. The form asks you to indicate whether you have lived together, were married, or have children together. Skipping these boxes or misrepresenting your relationship can create confusion and may impact the judge's decision regarding the protective order.
Additionally, some individuals overlook the importance of providing supporting evidence. While the form requires you to explain why you are seeking a protective order, it is equally important to bring evidence to court, such as photographs, medical records, or witness statements. Failing to do so can weaken your case and make it harder for the judge to understand the situation fully.
Another mistake is neglecting to prepare for the court hearing. Applicants often underestimate the importance of practicing what they want to say in front of the judge. It is beneficial to make a list of the specific orders you are requesting and to practice presenting them clearly and concisely. This preparation can help you feel more confident and ensure that you communicate your needs effectively during the hearing.
Lastly, many people forget to bring copies of their documents to court. It is advisable to have multiple copies of the protective order application and any supporting materials. This way, you can provide copies to the judge and any other parties involved, ensuring everyone has the necessary information to make informed decisions. Remember, being organized and prepared can significantly enhance your chances of obtaining the protective order you need.
Documents used along the form
The Texas Order form is an essential document for individuals seeking protection from violence or threats. However, it is often accompanied by other forms and documents that provide additional context and support for the application process. Understanding these related documents can help applicants navigate the legal landscape more effectively.
- Application for Protective Order: This is the primary document where the applicant formally requests protection from the court. It outlines the relationship between the applicant and the respondent, the reasons for seeking protection, and the specific orders requested.
- Temporary Ex Parte Protective Order: This is a short-term order that can be issued quickly, often without the respondent being present. It provides immediate protection until a full hearing can take place, ensuring the applicant's safety in urgent situations.
- Protective Order: After a hearing, if the judge finds sufficient evidence of danger, this order is issued. It provides long-term protection and can include various stipulations, such as prohibiting the respondent from contacting the applicant or requiring them to vacate a shared residence.
- Respondent Information: This document contains essential details about the respondent, including their address and other identifying information. It is crucial for ensuring that the respondent is properly notified of the protective order proceedings.
- Proof of Service: This document verifies that the respondent has been officially notified of the protective order application and any related hearings. It is important for the court process, as it confirms that the respondent is aware of the legal actions being taken against them.
By familiarizing themselves with these accompanying forms, applicants can enhance their chances of obtaining the necessary protection and ensure that they are well-prepared for court proceedings. Each document plays a vital role in the overall process, contributing to the applicant's safety and legal standing.
Similar forms
- Restraining Orders: Similar to protective orders, restraining orders prevent an individual from contacting or coming near another person. Both documents aim to ensure safety for individuals who have experienced threats or violence.
- Emergency Protective Orders: These are issued quickly, often in response to immediate threats. Like temporary protective orders, they provide immediate relief until a more permanent order can be established.
- Child Custody Orders: These orders define custody arrangements for children. Similar to protective orders, they can include stipulations for safety and well-being in cases of domestic violence.
- Temporary Custody Orders: Issued in urgent situations, these orders grant temporary custody of children, similar to how temporary protective orders provide immediate safety measures.
- Divorce Decrees: In cases involving domestic violence, divorce decrees can include protective measures. They share similarities with protective orders in terms of ensuring safety and support.
- Visitation Orders: These orders outline visitation rights for parents. Like protective orders, they can include restrictions to ensure the safety of children and the custodial parent.
- Support Orders: Support orders may provide financial assistance following a separation or divorce. They can be similar to protective orders in ensuring the well-being of dependent individuals.
- Property Settlement Agreements: These agreements determine the division of property during a divorce. They can include provisions for safety, similar to the protective measures found in protective orders.
- No-Contact Orders: Issued by courts, these orders prevent one party from contacting another. They share the same goal as protective orders in safeguarding individuals from potential harm.
Dos and Don'ts
When filling out the Texas Order form, it's essential to follow certain guidelines to ensure your application is processed smoothly. Here’s a list of things you should and shouldn’t do:
- Do fill out all sections completely and accurately.
- Do provide clear and specific details about the incidents of violence or threats.
- Do include any evidence you have, such as photos or medical records, when possible.
- Do ask for help if you don’t understand any part of the form or process.
- Don’t leave any questions unanswered; incomplete forms can delay your application.
- Don’t file the forms in the wrong county; make sure to file in the correct location.
- Don’t forget to have the other person served with the application before the hearing.
- Don’t miss your court hearing; it’s crucial for maintaining your protective order.
Misconceptions
- Protective orders are only for women. Protective orders can be requested by anyone, regardless of gender. Both men and women can be victims of violence and can seek protection.
- Obtaining a protective order is expensive. There is no cost to file for a protective order in Texas. It is a free legal service available to those in need.
- A protective order guarantees safety. While a protective order provides legal protections, it does not guarantee safety. Individuals should still take precautions and seek additional support if needed.
- You can get a protective order without going to court. You must appear in court for a hearing, even if you receive a Temporary Ex Parte Protective Order. Missing the hearing may result in the order being dismissed.
- The other person will automatically know about the protective order. The applicant must ensure that the other party is served with the protective order documents. This is not done automatically.
- Protective orders only address physical violence. Protective orders can also address threats, harassment, and other forms of emotional abuse. They can include provisions about communication and proximity.
- You must have a lawyer to file for a protective order. While having a lawyer can be helpful, individuals can file for a protective order on their own without legal representation.
- Once a protective order is issued, no further action is needed. It is important to keep a copy of the protective order and to report any violations to law enforcement. Ongoing safety planning is also recommended.
Key takeaways
Filling out and using the Texas Order form for protective orders can be a crucial step for individuals seeking safety from violence or threats. Here are some key takeaways to keep in mind:
- Understanding the Purpose: A protective order is designed to safeguard individuals from someone who has been violent or has threatened violence. It can impose restrictions on the other person's behavior, including prohibiting contact and possessing firearms.
- Eligibility Criteria: To qualify for a protective order, you must demonstrate that you have a close relationship with the individual posing a threat, such as being married, dating, or sharing children. Additionally, there must be a reasonable fear of future harm.
- Filing Process: After completing the necessary forms, you must file them at the courthouse in the appropriate county. It is essential to have the other person served with the application before your court hearing to ensure they are aware of the proceedings.
- Importance of Court Attendance: Attending your scheduled court hearing is vital. If you miss it, your temporary protective order may be terminated, requiring you to start the process anew. Be prepared with evidence and a clear outline of your requests for the judge.