Your local county or district attorney or Texas Advocacy Project can often help you get a protective order for free. Do-it-yourself forms and instructions are also available in the links below.
What is a Protective Order?
A protective order is a legal document requiring someone stay away from you and gives you legal protection. In some cases, it can even remove someone from your shared home. This option is available if you have experienced family violence, dating violence, sexual assault, abuse, stalking, harassment, or human trafficking.
In Texas there are three different types of protective orders:
Magistrate’s Order of Emergency Protection (MOEP) can be granted when someone is arrested for one of the offenses above and brought in front of a magistrate to be charged. To obtain one, you can request one from law enforcement at the time of arrest and the magistrate will determine whether to grant the request. In some cases, law enforcement may request one on your behalf or the magistrate might decide to issue one without anyone requesting it. These orders last for 31, 61, or 91 days.
Final Protective Order (PO) has to be requested by filing an application with the court and requesting a hearing. At the hearing, you present evidence or testimony that you have experienced one of the offenses above. If granted, the length of time for a final PO can vary but it is usually two years.
Temporary Ex Parte Protective Order (TEXPO) is meant to keep you safe after you have filed an application for a final protective order when your abuser is notified, and you are awaiting your hearing. You can request one in your application for a PO and a judge will determine whether to grant it. A TEXPO lasts 20 days but can be extended.
Your local county or district attorney or Texas Advocacy Project can often help you get a protective order for free. Do-it-yourself forms and instructions are also available here:
SOURCE: https://www.hhs.texas.gov/services/safety/family-violence-program/family-violence-program-resources
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