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If you are seeking a sexual assault Protective Order, the law requires that you prove that there are reasonable grounds that you are the victim of sexual assault. If you are seeking a trafficking Protective Order, the law requires that you prove that there are reasonable grounds that you are the victim of trafficking.
Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.
In Texas, protective orders are typically issued when you've been a victim of violence, stalking, or sexual abuse. On the other hand, restraining orders are generally not associated with criminal cases, and are almost always linked to civil case proceedings.
It doesn't matter whether the restraining order is currently ongoing or if it was a temporary order in the past. Most thorough background checks examine court records, so the record of the restraining order will most likely be revealed to the person looking for it.
The protective order will remain on your permanent record and could make it hard to find a job, get public housing or secure financing.
Texas Family Code allows those who are the subject of a protective order to ask the court to reevaluate his or her case to determine if the order is still necessary after a year has passed. If the court reviews your case and finds that the protective order is no longer necessary, it will expire early.
For a Texas court to issue a temporary protective order, the applicant must show that there is a clear and present danger of family violence, sexual assault or other harm.
If you have requested an Order of Protection against another person and now want it to be dismissed for whatever reason, you may be able to achieve this simply by stating your disinterest in continuing with the Order of Protection to the judge.
Therefore, to obtain one, you will need to report the individual to the police and take them to court for their crimes. It will only be when the judge believes there is a reasonable chance that the victim of the crime will continue to be harassed by the perpetrator that a restraining order will be granted.