Legal Question in Criminal Law in Texas

I received a call from the local police department (Houston, Texas), and found out my girlfriends mother put a restraining order on me. I'm 18 and she is 16, her mom walked in while we were having sex, and besides of pressing charges her mother just put a restraining order on me. First question: Do I have to physically be served the restraining order? Because all I received was a phone call from a police officer. Second question: When she turns 17 does the restraining order go away? In the state of Texas you are considered an adult in texas. Right? Thank you for your help.


Asked on 11/21/09, 2:05 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

In Texas, restraining orders are called protective orders. You are entitled to a copy of the protective order (so you know what you aren't supposed to do.) There is also supposed to be a hearing on the application for the protective order. You have a right to participate in that hearing and be represented by counsel.

I don't practice in Houston but I find it strange that the police would call anyone to tell them about a "restraining order." You need to verify whether there really is a protective order out there.

You mentioned that the mother is pressing charges. Have charges been filed against you by the DA? If so, have your attorney look into this for you.

If charges have not been filed, you may want to contact the District Clerk's office and the DA's office to find out what has been filed against you.

Most Texas protective orders, when granted, last for 2 years.

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Answered on 11/26/09, 10:50 pm


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