Texas Order Form in PDF Modify Texas Order Here

Texas Order Form in PDF

The Texas Order Form, particularly focusing on protective orders, serves as a legal document issued by a court to safeguard individuals from someone who has engaged in violence or posed threats of violence. It outlines specific restrictions on the assailant, including prohibiting any harm or threats, limiting contact with the victim, and imposing restrictions on gun possession. Whether you're seeking immediate protection or a long-term solution through a protective order, these forms are essential for your safety and well-being. For a guided process on filling out the form and next steps, click the button below.

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In the state of Texas, individuals facing threats or acts of violence have recourse through the legal system via a mechanism known as a protective order. This court-issued directive serves as a shield, aimed at safeguarding those who find themselves in perilous situations, potentially perpetrated by individuals they have close relationships with, such as a spouse, a family member, a dating partner, or someone they cohabit with. Interestingly, the protective order isn't just a singular action but encompasses a variety of stipulations; it can order the assailant to cease from causing harm or issuing threats, prohibit any form of contact with the victim—including barring proximity to the victim's home, workplace, or children’s schools—and even restrict the assailant's ability to possess a firearm. For those in immediate danger, the court can issue a temporary order, known as a “Temporary Ex Parte Protective Order,” providing protection until a formal court hearing is held. Importantly, there is no financial burden placed on the applicant seeking this order, making it an accessible measure for those in need. Additionally, the process mandates the applicant's presence at a subsequent hearing, aimed at deliberating the necessity and duration of the order. Given the complexity of these situations, particularly when shared living quarters or children are involved, the judge can also issue orders affecting property use, child custody, and support. The procedure for obtaining a protective order involves several steps, starting with the completion and filing of requisite forms at a courthouse, ensuring the alleged assailant is formally notified, and preparing for a court appearance. Despite the possible undertaking of this process without legal representation, engaging an attorney is highly advised to navigate the legal intricacies effectively. The structure in place not only seeks to prevent further harm but also emphasizes preparation for court proceedings, advocating for readiness and the provision of supporting evidence for a compelling case in court. This ordered approach underscores the legal framework's commitment to protecting victims and upholding their safety, evidencing a structured yet responsive system aimed at mitigating instances of domestic violence and offering recourse for those affected.

Texas Order Sample

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.

Need help?

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

 

 

Respondent:

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:

 

Name:

Is Respondent the biological parent?

County of Residence:

a.

 

 

Yes

No

 

 

b.

Names of children

 

Yes

No

 

County where

c.

needing protection

 

Yes

No

each person lives

d.

 

 

Yes

No

 

 

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:

 

Name:

 

 

County of Residence:

a.

Names of other adults needing protection

 

County where

b.

 

 

each person lives

 

 

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.

 

 

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

Application for Protective Order

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):

Applicant

Other Adults named on page 1 of this form.

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).

Sample Only – Do Not File

Page 2 of 4

Application for Protective Order

Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 05-9059 (April 12, 2005)

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 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

Sample Only – Do Not File

Application for Protective Order

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?

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).

 

______________________________________________________________________________________________________________________

 

______________________________________________________________________________________________________________________

 

______________________________________________________________________________________________________________________

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

 

11

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

Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 05-9059 (April 12, 2005)

 

Case No.: ______________________________

Applicant: ______________________________________

§

In the ____________________________ Court

 

§

 

v.

§

of

§

 

 

Respondent: ____________________________________

§

__________________________ County, Texas

§

 

 

 

 

Application for Protective Order

1 Parties

 

 

 

 

Name:

 

 

County of Residence:

Applicant:

 

 

 

 

Respondent:

 

 

 

 

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:

 

Name:

Is Respondent the biological parent?

County of Residence:

a.

 

 

Yes

No

 

 

b.

 

 

Yes

No

 

 

c.

 

 

Yes

No

 

 

d.

 

 

Yes

No

 

 

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:

 

Name:

 

County of Residence:

a.

 

 

 

b.

 

 

 

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.

 

 

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? 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

 

 

Not available now but will be filed before the hearing on this Application.

Application for Protective Order

 

Page 1 of 4

Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 05-9059 (April 12, 2005)

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, 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:________________________________________________________________________________________________

(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. 05-9059 (April 12, 2005)

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 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 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. 05-9059 (April 12, 2005)

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).

 

______________________________________________________________________________________________________________________

 

______________________________________________________________________________________________________________________

 

______________________________________________________________________________________________________________________

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

 

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. 05-9059 (April 12, 2005)

 

File Characteristics

Fact Detail
Legal Basis for Protection Under Texas law, individuals who have experienced violence or threats of violence may obtain a protective order to prevent further incidents. This includes ordering the offender not to harm, contact, or come near the victim, their relatives, or their property.
Eligibility Criteria Applicants seeking a protective order must have a close relationship with the offender (married, dating, living together, have a child together, or are close relatives) and must be afraid of further harm.
Provisions for Immediate Protection A temporary ex parte protective order offers immediate protection until the court hearing. In urgent cases, the judge can order the offender to leave the shared residence immediately.
Cost-Free for Applicants Obtaining a protective order in Texas is free for the person seeking protection, ensuring that financial barriers do not prevent someone from seeking help.
Governing Law(s) The governing laws for protective orders in Texas include various sections of the Texas Family Code, particularly those dealing with domestic violence and family protection.

Detailed Guide for Writing Texas Order

Filling out the Texas Order form is a critical step towards seeking protection if someone has been violent or threatened to be violent towards you or your loved ones. This document is designed to guide you through the process of obtaining a protective order, which can restrict the other person's actions to ensure your safety. The form also caters to situations involving shared living or children, offering temporary solutions until a court hearing. Remember, help is available if you find the process overwhelming, including legal assistance resources

  1. Start with the "Application for Protective Order." Fill in your name as the Applicant where indicated.
  2. Under the section titled "Parties," provide details about yourself and the Respondent (the person you want protection from), including names and counties of residence. For the Respondent's address, use the best known address for serving the form.
  3. In the "Children" section, list any children under 18 you're seeking protection for. Indicate whether the Respondent is their biological parent and their counties of residence.
  4. If there are other adults in need of protection, detail their information under "Other Adults," similar to how you listed children.
  5. Review the "Other Court Cases" section and indicate if there are any existing court cases involving you, the Respondent, or the children. If so, provide details about the cases.
  6. In the "Grounds" section, specify why you're requesting the protective order. Check the appropriate boxes based on whether the Respondent committed family violence or violated a prior protective order.
  7. Under "Orders to Prevent Family Violence," check all the boxes for the actions you want the judge to prohibit the Respondent from doing.
  8. In "Property Orders," detail your living situation and specify any exclusive use of residence or property you're requesting for safety.
  9. If seeking spousal support, fill out the "Spousal Support Order" section with the necessary information.
  10. For arrangements concerning children, such as custody or visitation, complete the "Orders Related to Removal, Possession and Support of Children" section.
  11. If immediate protection is needed, request a "Temporary Ex Parte Protective Order." Provide sufficient reasons for this temporary order in the space provided.
  12. If immediate removal from the residence is required, complete the "Ex Parte Order: Vacate Residence Immediately" section, detailing recent instances of family violence.
  13. To keep your contact information private, check the box in the "Keep Information Confidential" section and provide an alternate contact.
  14. In the "Fees And Costs" section, you can request that the Respondent be responsible for all associated legal fees.
  15. Review the entire application to ensure all the information is accurate and sign where indicated. Provide a contact address and phone number where you can be safely reached.
  16. After filling out the forms, make two copies and take them to the courthouse in the county where you or the Respondent lives, or where your current legal case (if any) is located.

Following the submission of your forms, the court will review your application and set a hearing date, usually within two weeks. It's crucial to prepare for your hearing by collecting any evidence of violence, such as photographs or medical records, and organizing your thoughts on what orders you are requesting from the judge. Remember, the court's decision will significantly impact your and your family's safety, so taking these steps earnestly is essential.

Common Questions

What is a protective order?

A protective order is a legal directive issued by a court to prevent someone who has been violent or has threatened violence from further harming or threatening the safety of another person.

How can a protective order help me?

With a protective order, the court can mandate the person you're seeking protection from to:

  • Refrain from hurting or threatening to hurt you
  • Avoid contacting you or coming near you, your children, other family members, your home, workplace, or your children's schools
  • Not possess a gun or a gun license

Violating any of these orders can lead to their arrest by the police.

Can I get a protective order?

Yes, you are eligible for a protective order if someone has hurt or threatened to hurt you, and:

  1. You share a close relationship with that person
  2. You are afraid they might harm you again

What if the other person and I live together or have children together?

The judge can issue orders regarding the use of shared residences, vehicles, and even provide directives around child custody, support, and visitation schedules.

Can I get protection right away?

Yes, the judge may grant a temporary order called a “Temporary Ex Parte Protective Order”, offering immediate protection until the court hearing. If needed, you can request the judge to order the other person to vacate the shared home immediately.

How much does it cost?

There is no charge for you to file for a protective order.

Do I have to go to court?

Yes, you must attend the next scheduled hearing even after receiving a Temporary Ex Parte Protective Order, to ensure extended protection.

How do I ask for a protective order?

To request a protective order, fill out and file the necessary forms provided in the protective order kit. These include:

  • Application for Protective Order
  • Temporary Ex Parte Protective Order
  • Protective Order - Respondent Information

Where do I file the forms?

Submit the completed forms and two copies at the courthouse in the county where either you or the other party resides. If there's an ongoing divorce or custody case, file them in that same county.

How will the other person know about the protective order?

The court will arrange to have the other person served with a copy of the application for the protective order, ensuring they are aware of the upcoming court hearing and the temporary orders in place.

What if I need more help?

If you require further assistance or have questions, you can reach out to the Family Violence Legal Line or consult the resources available at Texas Law Help's website. While it's possible to file these forms without a lawyer, seeking legal advice is highly recommended.

Common mistakes

Filling out the Texas Order form for a protective order is a crucial process that requires attention to detail. Here are four common mistakes that people may make while completing this form:

  1. Not providing detailed information about past incidents of violence or threats — When individuals do not supply enough details about previous encounters, it hinders the ability to convey the urgency and necessity for protection.

  2. Failure to accurately list all children and other adults needing protection — It's essential to include every person who may be at risk, ensuring they are covered by the protective order.

  3. Omitting relevant court cases or orders — Neglecting to mention existing legal matters related to the applicant, respondent, or children involved can complicate the process and outcome of the protective order.

  4. Incorrectly identifying the respondent — Providing incorrect or insufficient information about the person from whom protection is sought can result in delays or the failure to properly serve the protective order.

Additionally, here are some steps to avoid making these mistakes:

  • Provide specific dates, locations, and descriptions of incidents to clearly document the history of violence or threats.

  • Review the form multiple times to ensure that all individuals who require protection are accurately listed.

  • Include any active or completed court cases involving the applicant, respondent, or children, attaching copies of final orders when applicable.

  • Double-check the respondent's name, address, and other identifying information to ensure accuracy and facilitate correct service.

Documents used along the form

When navigating the complex process of obtaining a Texas Order, such as a protective order, individuals may find themselves in need of additional legal documents to fully support their case or to comply with legal requirements. These documents, each serving a unique purpose, can significantly enhance the strength and comprehensiveness of an individual's legal position. Below is a list of eight forms and documents often used alongside the Texas Order form, providing a broad overview of their functions and importance.

  • Affidavit of Nonviolence: This sworn statement asserts that the filing party has not engaged in violence against the respondent, which may be necessary in cases where mutual allegations of violence are present.
  • Application for Temporary Restraining Order: A legal request to temporarily prevent the respondent from engaging in specific acts until a full hearing can be conducted. This can offer immediate, short-term protection.
  • <_lst item is incomplete
  • Proof of Service: A document that confirms the respondent has been officially served with the protective order application and other relevant legal documents, providing legal proof that the respondent is aware of the proceedings.
  • Child Custody Agreement: An agreement detailing the custody arrangements for any children involved, which can be crucial if the protective order involves stipulations about child visitation or custody.
  • Child Support Agreement: A document outlining the arrangements for child support payments, crucial for ensuring the financial well-being of any children involved.
  • Spousal Support Agreement: Similar to the Child Support Agreement, this outlines arrangements for spousal support payments, if applicable, ensuring the financial needs of the parties are addressed.
  • Witness Statements: Written or recorded statements from individuals who have witnessed acts of violence or the circumstances leading up to the filing for a protective order, providing additional evidence to support the application.
  • Police Reports: Official reports from law enforcement detailing any incidents related to the case, offering concrete evidence of the events that necessitated the protective order.

Each of these documents plays a critical role in the protective order process, either by providing evidence, ensuring compliance with legal protocols, or detailing arrangements related to the welfare of all parties involved. Whether seeking to establish a protective order's necessity, complying with legal requirements, or ensuring the enforcement of granted orders, individuals may find these documents invaluable in navigating the legal landscape.

Similar forms

The Texas Order Form for Protective Orders shares characteristics with a Restraining Order. Both serve the essential function of providing legal protection to individuals who are at risk of violence or harassment. They can prohibit the respondent from making any contact with the petitioner, require the respondent to maintain a certain distance from the petitioner, and even restrict the respondent’s ability to own or possess firearms. The underlying goal of both documents is to ensure the safety and well-being of individuals by legally limiting the actions of another person who poses a potential threat.

Similar to the Civil Protective Order described in the Texas document, a Domestic Violence Protection Order focuses on preventing abuse within a family or intimate relationship. It can encompass orders relating to child custody, support, and visitation, similar to those included in the Texas Order Form. The specificity about relationships and the inclusion of provisions regarding the residence and financial support closely link these two types of documents, both aiming to protect victims from further abuse while addressing domestic arrangements.

The Temporary Restraining Order (TRO), much like the Texas Order Form's Temporary Ex Parte Protective Order, offers immediate, short-term protection before a full court hearing. These orders are swiftly implemented to protect the individual in immediate danger, offering a bridge of safety until a more permanent solution can be established through court proceedings. The expediency and temporary nature of both orders are fundamental for immediate protection against harm.

Stalking Protection Orders, akin to the provisions in the Texas Order Form that prevent stalking and harassment, are specifically designed to protect individuals from being followed or harassed. By prohibiting the respondent from stalking, following, or engaging in conduct that alarms or annoys the petitioner, these orders provide a layer of security for individuals facing such threats. Both documents recognize the importance of personal safety against unwarranted pursuits, making the link between them evident.

The No-Contact Order, like the Texas document's provisions prohibiting communication, explicitly bans the respondent from contacting the victim through any means. This includes direct or indirect communication through third parties, aligning with the Texas Order’s measures to prevent harassment or threats. This similarity highlights the priority of cutting off all potential communication channels that could endanger the safety of the petitioner.

Similar to the property and financial provisions in the Texas Order Form, Divorce Decrees can also address issues like property division, child custody, support, and spousal maintenance. Although a Divorce Decree finalizes the dissolution of marriage and often encompasses a broader range of issues, the overlap with the Texas Order Form occurs when immediate protection and temporary arrangements need to be established, especially in situations involving violence or threats.

Finally, the Kick-Out or Move-Out Order, akin to the Texas Order Form's section on "Ex Parte Order: Vacate Residence Immediately," mandates the respondent to leave the shared residence. This ensures the safety of the petitioner by removing the immediate threat from the shared living environment, providing a crucial layer of security and peace of mind for the victim. Both types of orders recognize the importance of protecting individuals within the confines of their own homes.

Dos and Don'ts

Filling out the Texas Order form is a crucial step in obtaining a protective order. Here's a list of dos and don'ts that will help you navigate through this process smoothly:

  • Do read the entire form carefully before you start filling it out. Understanding each section will make it easier to complete the form accurately.
  • Do provide detailed and accurate information about yourself, the respondent, and any children or other family members involved. Precision matters as this information is used to enforce your protective order.
  • Do ask for a temporary ex parte protective order if you believe there is an immediate threat to your safety. This can provide protection until the court hearing.
  • Do keep copies of all documents for your records, including the completed forms and any evidence you plan to present in court.
  • Do arrive early to your court hearing and prepare your testimony, focusing on clear and concise communication.
  • Don't leave any sections blank. If a section does not apply to your situation, mark it as "N/A" (not applicable). Incomplete forms may cause delays.
  • Don't serve the protective order papers to the respondent yourself. This task should be handled by a law enforcement officer or another designated individual to ensure your safety and compliance with legal procedures.
  • Don't hesitate to ask for help if you need it. Contacting the Family Violence Legal Line or visiting the website provided can offer guidance and support throughout this process.
  • Don't forget to bring any supporting evidence (photos, messages, medical records, etc.) and a list of the orders you are requesting to your court hearing. This information can be crucial in making your case.

Filling out the Texas Order form with care and attention can significantly impact the outcome of your protective order request. Remembering these dos and don'ts will help ensure that you complete the form effectively and move forward with confidence toward your hearing.

Misconceptions

Understanding the Texas protective order form is crucial for those seeking legal protection from violence or threats. However, misconceptions about the process can hinder individuals from obtaining the help they need. Here are ten common misconceptions and clarifications:

  • Only women can apply for a protective order. In fact, the Texas protective order form is available to any person, regardless of gender, who has experienced violence or the threat of violence from someone with whom they have a close relationship.
  • A lawyer is required to file for a protective order. While it's recommended to seek legal advice, individuals can file for a protective order without a lawyer. Resources and assistance are available through the Family Violence Legal Line and texaslawhelp.org.
  • Protective orders only cover physical harm. Protective orders can also prohibit contact, harassment, threats, and stalking. They can restrict the abuser from coming near the victim's home, workplace, or children's schools.
  • The abuser must be living with you to qualify for a protective order. Individuals can apply for a protective order against someone they do not live with, as long as there is a close relationship (such as dating, family, or living together in the past) and a threat or act of violence.

  • There's a fee to apply for a protective order. Applying for a protective order is free for the applicant. The state encourages victims of violence to seek protection without worrying about financial barriers.

  • Protective orders take a long time to be issued. If there's an immediate threat of violence, a judge can issue a Temporary Ex Parte Protective Order quickly, generally without notifying the other person and without a hearing.

  • If you have children with the abuser, you can't get a protective order. The court can issue protective orders that also cover children and make temporary custody arrangements to ensure their safety.

  • Getting a protective order escalates the abuser's violence. While each situation is unique, a protective order is a legal tool designed to increase the safety of the victim and their family by legally restricting the abuser's actions and involving law enforcement if the order is violated.

  • A protective order can resolve custody and financial issues. While a protective order can include temporary arrangements regarding custody, child support, and use of shared property, it does not resolve these issues permanently. Those matters are typically addressed in separate legal proceedings.

  • Once a protective order is granted, the victim can stop attending court hearings. It's essential for the victim to attend all court hearings related to the protective order. Failing to do so might result in the temporary order ending prematurely.

Dispelling these misconceptions is vital in ensuring that individuals seeking protection from violence have accurate information and can effectively navigate the legal system.

Key takeaways

Filling out and using the Texas Order form, specifically designed for protective orders, is a crucial step for individuals seeking legal protection from someone who has been violent or has threatened violence. The following points highlight key takeaways from the process and its significance:

  • Protective orders are legal instruments designed to protect individuals from violence or threats of violence by ordering certain restrictions on the behavior of the person posing the threat.
  • There is no cost for applying for a protective order in Texas, making it accessible to those in need of protection without financial burden.
  • Applicants must go to court to obtain a protective order, even if they receive a Temporary Ex Parte Protective Order, and they must attend a hearing that usually occurs within two weeks after the application is filed.
  • Protective orders can include various provisions, such as prohibiting the respondent from going near the applicant, their children, family members, home, workplace, or children’s schools, and from possessing a firearm.
  • If you live with the person you're seeking protection from or share children, the judge can make additional orders regarding the use of shared property, child custody, child support, and visitation rights.
  • To apply for a protective order, applicants must complete and file specific forms provided in the Texas protective order kit, including the Application for Protective Order, Temporary Ex Parte Protective Order, Protective Order, and Respondent Information form.
  • The forms must be filed in the county where either the applicant or the respondent lives. If there is an existing divorce or custody case, the forms should be filed in the county where that case is pending or where the applicant lives.
  • It is essential for the respondent to be formally served with the protective order application to ensure they are aware of the proceedings and the orders against them. This service can usually be arranged through the court clerk and is free of charge.
  • Applicants are encouraged to prepare for court by completing the necessary forms, gathering evidence of violence (such as photographs, medical records, and witness testimonies), and practicing their testimony. If additional support is needed, resources including the Family Violence Legal Line and the Texas Law Help website offer assistance.

Navigating the process of obtaining a protective order can be complex and emotionally taxing. However, understanding the essential steps and knowing where to find assistance can empower individuals to secure the protection they need.

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