The Texas Order form is a legal document used to request a protective order from the court. This order is designed to protect individuals from someone who has been violent or has threatened violence. If you need to take action for your safety, consider filling out the form by clicking the button below.
The Texas Order form is a crucial legal document designed to provide protection for individuals facing threats or violence from someone with whom they share a close relationship. This form allows applicants to request a protective order, which can mandate that the alleged abuser refrain from harmful actions, avoid contact, and stay away from specific locations such as the applicant's home or workplace. The form outlines the process for obtaining this order, including eligibility criteria, necessary documentation, and filing procedures. It also details the types of protections available, such as temporary orders that can be issued quickly in urgent situations. Furthermore, the Texas Order form addresses concerns related to shared living arrangements or children, allowing the court to make decisions about custody, visitation, and support. Importantly, the process is designed to be accessible, with no associated costs for the applicant, and provisions for legal assistance to ensure individuals can navigate the system effectively. Understanding this form is vital for anyone seeking safety and legal recourse in the face of domestic violence or threats.
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 someone—not you—will serve the other person a copy of your application for a protective order.
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: 800-374-HOPE
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 800-252-9690.
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: 800-374-HOPE
What if I am afraid?
If you don't feel safe, call your local family crisis center or the National Domestic Violence Hotline: 800-799-SAFE
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.
If you are in danger, call the police: 911 Or call Family Violence Legal Line:
800-374-HOPE
Or go to:
www.texaslawhelp.org/protectiveorderkit
Case No.: ______________________________
Your name here.
Applicant: ______________________________________
§
In the ____________________________ Court
You are the Applicant.
The clerk fills
v.
of
out this part
Name of person you want protection from.
Respondent:
____________________________________
__________________________ County, Texas
This is the Respondent.
Application for Protective Order
1Parties
Name:
County of Residence:
Applicant:
Your name here
County where
Name of person you want protection from
each person lives
Respondent’s address for service:
Best address to give the other person a copy of this form
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:
Is Respondent the biological parent?
a.
Yes
No
b.
Names of children
c.
needing protection
d.
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:
Names of other adults needing protection
4Other Court Cases: Are there other court cases, like divorce, custody, support, involving the Applicant,
Respondent, or the Children?
If “Yes,” say what kind of case and if the case is active or completed.
If “completed,” (check one):
A copy of the final order is attached.
A copy of the final order will be filed before the hearing on this Application.
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
Not available now but will be filed before the hearing on this Application.
Sample Only – Do Not File
Page 1 of 4
Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 05-9059 (April 12, 2005)
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):
g.Not go within 200 yards of the Children’s residence, child-care facility, or school, except as specifically authorized in a possession schedule entered by the Court.
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, full-time paid employee of a state agency or political subdivision.
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).
Page 2 of 4
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.
The Respondent must not remove the children from the Applicant’s possession or from their child-care facility or school, except as specifically authorized in a possession schedule entered by the Court. The Respondent must not remove the children from the jurisdiction of the Court.
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
Page 3 of 4
Supreme Court of Texas by order in Misc. Docket No. 05-9059 (April 12, 2005)
Affidavit
Write the name of
your county here
County of ____________________________________________
State of Texas
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:
______________________________________________________________________________________________________________________
Answer every question on this form.
2
If it happened in the last 30 days, the judge
What date did this happen? _____ / ____ / _____
3
can order the Respondent to move out.
Was a weapon involved?
If yes, what kind? ____________________________________________
4
Were any children there?
If yes, who? __________________________________________________
5
Did you call the police?
If yes, what happened? _____________________________________
6
Did you get medical care?
If yes, describe your injuries: _______________________________
7Has the Respondent ever threatened or hurt you BEFORE? Describe below, including date(s).
8
Were weapons ever involved?
If yes, what kind? ____________________________
9
If yes, who? ___________________________________
10
Have the police ever been called?
11
Did you ever have to get medical care?
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: _____________________________________________
Page 4 of 4
Respondent: ____________________________________
1 Parties
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.
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 Applicant requests a Protective Order and asks the Court to make all Orders marked with a check
The Residence located at:________________________________________________________________________________________________
or lease:______________________________________________________________________________________________________________
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.
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 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:
12Keep Information Confidential
The Applicant asks the Court to keep addresses and telephone numbers for residences, workplaces, schools, and childcare facilities confidential.
AFFIDAVIT
My name is ___________________________________________. I am ______ years old and otherwise competent
2What date did this happen? _____ / ____ / _____
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.
Filling out the Texas Order form is a crucial step in seeking protection from someone who has threatened or harmed you. The following steps will guide you through the process of completing the necessary forms effectively.
After completing these steps, you will be prepared for your court hearing. Make sure to gather any evidence and be ready to present your case clearly. It is important to attend the hearing, as this will determine the outcome of your request for protection.
A protective order is a legal document issued by a court to protect an individual from another person who has been violent or has threatened violence. This order can impose various restrictions on the individual named in the order, aimed at ensuring the safety of the person seeking protection.
A protective order can provide several forms of relief, including:
If the order is violated, law enforcement can arrest the individual for noncompliance.
Yes, you can obtain a protective order if you meet certain criteria. You must demonstrate that you have been harmed or threatened by someone with whom you have a close relationship, such as a spouse, partner, or family member, and that you fear for your safety.
If you and the other person share a residence or have children together, the court can issue specific orders regarding the use of shared property, custody arrangements, and financial support. These orders aim to address the immediate needs and safety of all parties involved.
Yes, you may be able to receive immediate protection through a Temporary Ex Parte Protective Order. This order can provide you with protection until your court hearing. In some cases, the judge may order the other person to leave the shared residence immediately. It is essential to be prepared to present your case at the hearing.
There is no cost to file for a protective order. The process is designed to be accessible to individuals seeking safety without financial burden.
Yes, attending court is mandatory. Even if you receive a Temporary Ex Parte Protective Order, you must appear at the subsequent hearing, typically scheduled within two weeks. If you fail to attend, the temporary order may be revoked.
To request a protective order, you need to complete specific forms, including the Application for Protective Order and the Temporary Ex Parte Protective Order. After filling out these forms, submit them to the courthouse in the county where you or the other person resides.
The other person must be formally notified of the protective order, a process known as being "served." You cannot serve the papers yourself; instead, law enforcement can assist in serving the documents at no cost to you. This ensures that the other person is aware of the order before the court hearing.
Not providing complete information. Ensure that all sections of the form are filled out completely. Missing details can delay the process or lead to rejection.
Failing to check the right boxes. Carefully review the options for checking boxes regarding your relationship with the respondent. Selecting incorrect options can misrepresent your situation.
Not including necessary documentation. Attach any required documents, such as previous court orders or evidence of violence. Omitting these can weaken your case.
Ignoring the filing deadlines. Submit your application in a timely manner. Delays can affect your ability to secure a protective order.
Not having the other person served properly. Ensure that the respondent is served with the application correctly. Failure to do so may invalidate the order.
Neglecting to prepare for the court hearing. Familiarize yourself with the process and gather evidence before your hearing. Being unprepared can hinder your chances of receiving the order.
Forgetting to bring copies of the order. Always have extra copies of your protective order after it is signed by the judge. Keep one with you and provide copies to relevant parties.
Not disclosing other court cases. If there are pending divorce or custody cases, mention them. This information can be crucial for the judge's decision.
Failing to request confidentiality. If you need to keep your address confidential, make sure to check the appropriate box on the form.
Not seeking legal assistance. While it is possible to file without a lawyer, consider consulting one for guidance. Legal expertise can significantly improve your chances of success.
When navigating the process of obtaining a protective order in Texas, several other forms and documents may accompany the Texas Order form. Each of these documents serves a specific purpose in ensuring that the applicant receives the necessary protection and that the legal process is followed correctly. Below is a list of these essential documents, along with a brief description of each.
Understanding these documents and their purposes is vital for anyone seeking a protective order. Each form plays a role in ensuring that the legal process is adhered to and that the applicant receives the protection they need. If you have questions or need assistance with these forms, consider reaching out to legal resources or professionals who can guide you through the process.
The Texas Protective Order form is similar to a Restraining Order in that both documents aim to protect individuals from harm. A Restraining Order can be issued in various situations, including domestic violence cases, harassment, or stalking. Like a Protective Order, it prohibits the offending party from contacting or coming near the protected individual. Both orders are enforceable by law, and violations can lead to arrest and further legal consequences.
Another document similar to the Texas Protective Order is the Temporary Restraining Order (TRO). A TRO is often issued in emergency situations to provide immediate protection until a hearing can be held. Like the Protective Order, a TRO can restrict the alleged abuser from contacting the victim. However, a TRO is typically temporary and may only last until the court can review the case more thoroughly, while a Protective Order can be extended for a longer period based on the court's findings.
The Texas Order form also shares characteristics with a No Contact Order. This type of order is often issued in criminal cases to prevent the accused from contacting the victim. Similar to a Protective Order, a No Contact Order aims to ensure the safety of the victim by legally prohibiting any form of communication. Violating a No Contact Order can result in criminal charges, similar to the consequences of violating a Protective Order.
Additionally, the Texas Protective Order form is akin to a Child Custody Order when children are involved. In cases of domestic violence, the court may issue custody orders that prioritize the safety of the children. Both documents address the welfare of minors, ensuring that they are protected from potential harm. The court may also include stipulations about visitation rights, similar to how a Protective Order can dictate contact limitations.
A Divorce Decree can also resemble the Texas Protective Order in certain situations. In a divorce involving domestic violence, the court may issue orders that protect one spouse from the other. These orders can include provisions for spousal support, property division, and child custody, similar to the arrangements made in a Protective Order. Both documents aim to ensure safety and fair treatment during a potentially volatile situation.
The Texas Protective Order form is similar to a Family Law Order, which encompasses various legal matters related to family dynamics. This can include child support, custody, and visitation rights. Both types of orders seek to establish guidelines that protect the well-being of family members, particularly in cases of abuse or neglect. The focus remains on maintaining a safe environment for all parties involved.
Lastly, the Texas Order form is comparable to an Emergency Protection Order (EPO). An EPO is typically issued in urgent situations where immediate protection is necessary. Like a Protective Order, it can restrict the alleged abuser from contacting the victim. However, an EPO is often temporary and is intended to provide quick relief until a more permanent solution can be established through a Protective Order or other legal means.
When filling out the Texas Order form, it's essential to approach the process carefully. Here’s a list of things to do and avoid:
When filling out and using the Texas Order form for protective orders, there are several important points to keep in mind. These key takeaways will help you navigate the process more effectively.
Understanding these points will empower you to utilize the Texas Order form effectively and seek the protection you need.