The Texas Order form is a legal document used to request a protective order from the court. This order serves to safeguard individuals from someone who has been violent or has threatened violence against them. By filling out this form, you can take essential steps to ensure your safety and that of your loved ones.
If you’re ready to take action, fill out the form by clicking the button below.
When filling out the Texas Order form, there are several important guidelines to follow. Here’s a list of things you should and shouldn’t do:
Following these guidelines can help ensure that your application process goes as smoothly as possible. Make sure to take your time and seek assistance if needed.
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.
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The Texas Order form is a crucial document used in legal proceedings related to protective orders. However, it is often accompanied by several other forms that help facilitate the legal process. Understanding these documents can provide clarity and guidance for individuals seeking protection from violence or threats.
Each of these documents plays a significant role in the protective order process in Texas. Together, they create a framework that helps individuals seek safety and legal recourse against violence or threats. Understanding these forms can empower applicants to navigate the legal system more effectively.
Filling out the Texas Order form can be a daunting task, and several common mistakes can hinder the process. One significant error occurs when applicants fail to provide accurate information about the parties involved. This includes not correctly identifying the applicant and respondent, which can lead to confusion and delays in processing the application. It is crucial to ensure that all names, addresses, and other identifying details are correct and complete.
Another mistake is neglecting to check all applicable boxes on the form. The form contains several sections where applicants must indicate their relationship with the respondent and the nature of their request. Omitting relevant details can result in the court not fully understanding the situation, potentially affecting the outcome of the protective order. Each section is designed to gather essential information, and skipping any part can weaken the application.
Many applicants also overlook the importance of providing supporting documentation. Evidence such as photographs, medical records, or witness statements can significantly bolster a case. Failing to include this information can weaken the application, as the judge relies on evidence to make informed decisions regarding protective orders. It is advisable to gather and present all relevant documentation when submitting the form.
Timing is another critical aspect that applicants often misunderstand. Missing the scheduled court hearing can lead to the dismissal of the Temporary Ex Parte Protective Order. Individuals should be aware of their hearing dates and ensure they arrive early. If a hearing is missed, the applicant may need to restart the entire process, which can be both time-consuming and emotionally taxing.
Additionally, some applicants may not fully understand the implications of their requests. For instance, requesting specific orders without considering their enforceability can create complications. It is essential to be realistic about what can be achieved through the court and to seek guidance if unsure about the implications of certain requests.
Lastly, many people fill out the Texas Order form without seeking legal assistance, even when it is available. While it is possible to complete the form without a lawyer, having legal support can provide clarity and improve the chances of success. Legal professionals can offer valuable insights into the process and help avoid common pitfalls, ensuring that the application is as strong as possible.
1. Protective Orders Are Only for Physical Abuse
Many people believe that protective orders can only be obtained in cases of physical violence. However, a protective order can also be issued if there are threats of violence or harassment, regardless of whether physical harm has occurred.
2. You Have to Pay to File for a Protective Order
Another common misconception is that there are fees associated with filing for a protective order. In Texas, the process is free for applicants, which helps ensure that financial barriers do not prevent individuals from seeking protection.
3. You Can Get a Protective Order Without Going to Court
Some individuals think they can obtain a protective order without attending a court hearing. This is not the case. Even if a temporary protective order is granted, you must appear in court for a subsequent hearing to determine the validity and duration of the order.
4. The Other Person Will Automatically Know About the Protective Order
It is a misconception that the other party will automatically be informed about the protective order. You must ensure that the other person is officially served with the court papers, which is a crucial step in the process.
5. You Can’t Get a Protective Order if You Live with the Other Person
Many believe that living with the individual from whom they seek protection disqualifies them from obtaining a protective order. In reality, the court can issue orders regarding who can reside in the home, even if both parties currently live together.
When filling out and using the Texas Order form for protective orders, there are several important points to keep in mind:
Completing the Texas Order form is a crucial step in seeking protection from someone who has been violent or threatened violence. It is important to approach this process with care and attention to detail. The following steps will guide you through filling out the necessary forms to ensure that your application is complete and ready for submission.
Once the forms are filled out and filed, you will await your court hearing. Be prepared to present your case clearly, bringing any necessary evidence and witnesses to support your request for protection. Following these steps will help ensure that you are adequately prepared to seek the protection you need.