Protective orders in Texas are very useful for the people. Because they can save themselves from family violence stalking or sexual assault with the help of these orders. Other things also come under the protective order law in Texas. But the question is how to fight a protective order in Texas.
If you are suffering from sexual assault and stalking and many more then you can use this order.
Here is the complete guide about how you can use this order and fight for your rights. If you are a victim then you can easily fight this for yourself. If you want to know more about protective orders topic then read till the end.
Table of Contents
Types Of Protective Orders
There are different types of protective orders. Here is the list of those orders.
Temporary Ex Parte Order-
Even if you’re not present in the trial the judge can grant this protective order to the victim. It is used in family abuse and assault cases. This order of protection can last upto 20days. And can be extended to 91 days.
Permanent Protective Order-
This type of order lasts up to 2 years. If the court judge sees that violence and abuse can happen in the future then they can grant this protective order to the victim.
Magistrate’s Emergency Order-
This happens in the case of emergencies. And the judge can issue this order for 31 days. If the victim has valid proof then the judge will not hear the other side and grant this protective order to the victim. Stalking and other stuff are the best examples of the order.
Tips To Fight Against A Restraining / Protective Order In Texas
Here are some tips that you can use if there is a protective order against you. These tips will help you in fighting and win the case against a restraining order.
It is important to remember that in such cases the judge mostly grants the protective order to protect against any kind of abuse.
- If you and your partner have a misunderstanding then make sure that you clarify that by sitting and talking to her. Most of the protective orders are issued over a small misunderstanding.
- If you are talking with your partner then make sure that you have your lawyer by your side. Otherwise, this can turn out to be some other case.
- If the victim is playing with you make sure that you collect enough evidence against her. Like, video recording or call recording. Or anything that can work in favor of you.
- If they provoked you for assault then make sure that you clear that reason in the court too.
- Hire an experienced attorney for yourself. They will ensure to do all the paperwork for you.
- And also help you in gathering evidence for your support. An attorney will also check if the evidence that you have is valid to present in court or not.
These tips can help you defend yourself in court. And in some cases, you can also win the case of the protective order.
But judges are very fast to declare such types of cases. So make sure that you do not take much time to gather all the evidence.
Request To Dismiss The Protective Order
If the other person has taken the permanent protective order then you can not do anything for one year. But after one year you can fill the request in the court to dismiss the protective order.
For this, you have to show the records of not abusing all in court. All and all you have to make them believe that the abuse and stalking have been stopped and it will not affect the victim in the future.
In most cases, the protective order dismisses by the judge if you have some valid proof.
In conclusion, how to Fight a protective order in Texas. The process is not simple. But you can do your best to get this. The protective orders were issued very fast in Texas. And it all to stop the abuse and stalking of the victim. So they do not give much time to you for gathering evidence and all.