Legal Question in Family Law in Texas

Re: Restraining order

I am not sure about your county, but in Dallas County, at no charge to you, the ADA will get a protective order, if you have been struck twice in the last 18 months or so. That is just a general guideline that they use, so you may want to contact your own DA office.

A restraining order is obtained through the civil or family courts, depending on whether there is a family relationship.

An emergency order is obtained immediately upon filing the appropriate documents, and served upon the person, with notice of a court date within 14 days of the order.

At the hearing both sides present their case to the court. The judge will determine the extent of the restraining order. It can include phone calls if the evidence supports that.

Filing fees depend upon whether this is conjuction with a pending lawsuit, or is the originating document to the lawsuit. Service of process fees depend upon whether you use the county constable or private process server. If you are indigent, the fees can be waived.

Attorney fees will vary according to the individual attorney, but most attorneys will work out a payment plan for you. It is worth the phone calls to see if you are able to retain counsel.