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Sample Complaint For Temporary Restraining Order To Prevent...

Sample Restraining Order Form For Texas In Bexar

Category:

Civil Procedure - Restraining Orders

State:

Multi-State

County:

Bexar

Control #:

US-000290

Format:

Instant download

Description

This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.

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FAQ

Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).

If you are seeking a family violence Protective Order, the law requires that you prove family violence has occurred and family violence is likely to occur in the future. If you are seeking a stalking Protective Order, the law requires that you prove that there are reasonable grounds that you are the victim of stalking.

A protective order is only available for people who have experienced dating or family violence and it can lead to criminal penalties (the Respondent/violator can be arrested) if violated. A restraining order can be ordered by a court for many different types of situations and only has civil penalties if violated.

A final protective order may last up to two years and, in some instances, may last longer. The Petitioner has the burden of proof and must prove by a “preponderance of the evidence” that family violence has occurred and is likely again to occur.

Key Differences A Harassment Order addresses unwanted behavior that may not necessarily involve physical harm but still causes significant distress to the victim. In contrast, a Restraining Order is typically sought in cases involving a history of violence, physical threat, or other forms of serious harm.

In most cases, a Protective Order will last up to 2 years. There are some situations where a court can issue an order that lasts longer than 2 years. Although you may file these forms without having a lawyer, you are encouraged to get a lawyer to help you in this process.

Requirements for a protective order for domestic violence to be issued include establishing that family violence has occurred and is likely to occur again without such an order. The burden of proof for this involves what's known as a “preponderance of evidence” favoring the accuser.

A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.

More info

The online intake form for protective order assistance is available only during business hours. These links contain forms and instructions for obtaining a protective order.A protective order is sometimes mistakenly referred to as a restraining order. This form is available during business hours. Monday through Friday from AM to PM and is closed on all Bexar County holidays. Visit the District Attorney's protective order site to fill out the intake application online now. How do I ask for a Protective Order? Fill out the following forms found in this kit: Do I use the Affidavit or Declaration form? This article tells you about temporary orders and temporary restraining orders (TROs) in family law cases. Build your Bexar county protective Order Form from the ground up with our beginner-friendly and feature-rich document editor.

Sample Restraining Order Form For Texas In Bexar

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FAQ

How do you write a good restraining order?

What are the rules for a protective order in Texas?

What is the difference between a protective order and a restraining order in Texas?

What is the burden of proof for a protective order in Texas?

What is the difference between a restraining order and a harassment order?

How long does a protective order last in Texas?

What is the burden of proof for a restraining order in Texas?

What are good reasons to drop a restraining order?

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