Protective Order Generally. Disclaimer: This guide is for informational purposes and is not intended to give detailed legal advice. A protective order is a civil order, and is not the same as pressing criminal charges. Added by Acts 1997, 75th Leg., ch. APPLICATION FILED BEFORE EXPIRATION OF PREVIOUSLY RENDERED PROTECTIVE ORDER. APPLICATION FILED AFTER DISSOLUTION OF MARRIAGE. Amended by Acts 2001, 77th Leg., ch. 1, eff. 422 (S.B. Topics on this page. A protective order is a civil court order issued by a court to prevent continuing acts of family violence, dating violence, stalking or sexual assault. (a) An application that requests the issuance of a temporary ex parte order under Chapter 83 must: (1) contain a detailed description of the facts and circumstances concerning the alleged family violence and the need for the immediate protective order; and. To apply for a protective order, a respondent to an application for a protective order must file a separate application. (b) For purposes of this section, a statement signed under oath by a child is valid if the statement otherwise complies with this chapter. 819), Sec. 2. Violation of protective orders. Sec. SUBCHAPTER C. NOTICE OF APPLICATION FOR PROTECTIVE ORDER. (Added to NRS by 2001, 2843) NRS 33.240 Acts that constitute harassment in workplace. Once a protective order has been served on the respondent (abuser) The email address cannot be subscribed. The person named in the protective order is required to avoid contact and stay a certain distance away from the person seeking the order for a specified amount of time, sometimes lasting up to a year or more. 819), Sec. 82.043. Acts 2011, 82nd Leg., R.S., Ch. A respondent to an application for a protective order who is served with notice of an application for a protective order may file an answer at any time before the hearing. (e) The person alleged to be the victim of family violence in an application filed under Subsection (c) or (d) is considered to be the applicant for a protective order under this subtitle. New Hampshire Protective Order Laws: Related Resources. September 1, 2017. 632 (S.B. All rights reserved. 1242), Sec. Family Violence Protective Order (section 46b-38c of the Connecticut General Statutes) is an order that is issued at the time of arraignment during a criminal proceeding. (b) Except as otherwise provided by law, an application for a protective order is confidential, is excepted from required public disclosure under Chapter 552, Government Code, and may not be released to a person who is not a respondent to the application until after the date of service of notice of the application or the date of the hearing on the application, whichever date is sooner. Added by Acts 1997, 75th Leg., ch. Sept. 1, 1997. 3, eff. Transmission and receipt of this guide does not constitute an attorney-client relationship. September 1, 2017. (b) The procedural requirements for an original application for a protective order apply to a protective order requested under this section. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. 3, eff. Internet Explorer 11 is no longer supported. sexual assault protective orders. It is intended to protect someone from future violence by ordering another person not to do certain things -- usually to stay away from and not contact the person who requested the order. 82.008. New Hampshire Protective Order Laws at a Glance. Amended by Acts 1999, 76th Leg., ch. May 5, 1997. Readers should not act upon the information in this guide without first seeking th… Acts 2003, 78th Leg., ch. APPLICATION FOR PROTECTIVE ORDER. Sec. ISSUANCE OF NOTICE OF APPLICATION. To start our discussion, it is relevant to provide detail on just what types of protective orders are available in Texas. Sept. 1, 2001. 9, eff. Amended by Acts 1997, 75th Leg., ch. 34, Sec. An application may be filed in: (1) the county in which the applicant resides; (2) the county in which the respondent resides; or. Usually these orders are recommended by either the family relations office or in some cases the state's attorney's office. 1160, Sec. 82.001. Microsoft Edge. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. Sometimes the protective order is dismissed because the complainant failed to show for the hearing; other times, it may dismissed if a judge finds that the request for a protective order is without merit. (a) Each respondent to an application for a protective order is entitled to service of notice of an application for a protective order. Sec. 34, Sec. June 14, 2013. § 19.2-152.8. Except as otherwise provided by this section, any person who: 1. Sept. 1, 2001. Acts 2011, 82nd Leg., R.S., Ch. May 5, 1997. Copyright © 2021, Thomson Reuters. 82.002. WHO MAY FILE APPLICATION. Amended by Acts 1997, 75th Leg., ch. 1242), Sec. If an applicant for a protective order is a former spouse of the individual alleged to have committed family violence, the application must include: (1) a copy of the decree dissolving the marriage; or. 82.041. 7, eff. Sec. (a) This section applies only in a county with a population of 3.4 million or more. 819), Sec. There are 3 different types of protective orders (also called restraining orders) that can prohibit certain kinds of behavior, including contacting the person who requested the protective order: domestic violence protective orders. This is the most commonly requested order. 1, eff. APPLICATION FILED DURING SUIT FOR DISSOLUTION OF MARRIAGE OR SUIT AFFECTING PARENT-CHILD RELATIONSHIP. Any judge of a circuit court, general district court, juvenile and domestic relations district court or magistrate may issue a written or oral ex parte emergency protective order pursuant to this section in order to protect the health or safety of any person. A protective order can order the abuser to: Step #2: Temporary Protective Order - Obtaining immediate protection during court business hours. (c) Any adult may apply for a protective order to protect a child from family violence. Protective orders are often used to protect the victims of domestic violence or stalking. May 5, 1997. September 1, 2011. Added by Acts 1999, 76th Leg., ch. Sec. 82.003. 1, eff. 422 (S.B. A proceeding under this subtitle is begun by filing "An Application for a Protective Order" with the clerk of the court. 82.006. Used protective order statute abused spouses and exes, they may also protect children and stalking victims ( ). 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