The Requirements for a Restraining Order in Texas

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A restraining order is a legal document that dictates that certain individuals cannot make contact with one another. There are a number of reasons why this type of legal document may be requested, such as domestic violence or stalking. Texas has specific laws and requirements in place for requesting and utilizing this type of legal document.

Necessity and Notice

According to Tex. R. Civ. P. 680, temporary restraining orders cannot be legally granted until notice has been given to the adverse party. The only alternative is if there are facts that show that injury, damage or loss may occur before the adverse party can be notified. If a temporary restraining order should need to be issued before the adverse party receives notification, then it must be filed with clear proof of necessity. The reasons for the temporary restraining order must be entered into the record in order for the TRO to be approved. Additionally, according to Tex. R. Civ. P. 681, a temporary injunction also cannot be issued until the adverse party has been notified.

Clarify the Reason for Issuance

According to Tex. R. Civ. P. 683, one cannot issue a temporary restraining order or an injunction unless the reasons for the issuance have been set forth. The reasons for issuing the restraining order need to be specific and they need to describe the situation in a reasonable amount of detail including what act or acts need to be restrained. Restraining orders and injunctions in Texas must be clear and concise enough in describing the terms of the order in order for them to be legally issued according to the Texas Civil Code.

Fill Out the Necessary Paperwork

There are four forms required for obtaining a restraining order in the state of Texas. These forms are the Application for Protective Order, the Temporary Ex Parte Retraining Order, the Protective Order and the Respondent Information. These forms are straightforward in their requirements for filling them out. They can be obtained online or by visiting a local courthouse in the state of Texas.

Your Day in Court

Once the paperwork is filled out, Texas law dictates that the forms should be filed with a local courthouse in the county where you live. If divorce proceedings are currently underway, it is recommended that the same courthouse is used. If immediate protection is needed, notify the courthouse clerk so that provisions can be made. Attend the hearing scheduled by the judge for the restraining order to make sure that a restraining order is granted with the requested stipulations. During the hearing, bring evidence that shows why a restraining order is necessary, such as photographs of injuries or damage, witnesses or medical records.

References

About the Author

Jennifer Uhl has been writing professionally since 2005. She writes primarily for the web and has been published as a ghostwriter in "Tropical Fish Magazine" and "Entrepreneur." She is pursuing a Bachelor of Science in health care from Mira Costa College.