Travis County Inter Departmental Consolidated Protective Order Information Protective Order Application
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People also ask
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What is the burden of proof for a protective order in Texas?
Requirements for a protective order for domestic violence to be issued include establishing that family violence has occurred and is likely to occur again without such an order. The burden of proof for this involves what's known as a “preponderance of evidence” favoring the accuser.
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Can a protective order be dropped in Texas?
To initiate the removal of a protective order, you must file a motion to dismiss with the court that issued the order. For example, if you received a protection order in Fort Bend County, you must request termination in the same county.
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Why would a protective order be denied in Texas?
Finally, it should be noted that not all protective order cases are granted. Depending on the severity of the abuse and the evidence provided, the judge may deny the request, or impose certain restrictions such as only allowing the abuser to contact the victim under certain circumstances.
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What is the burden of proof for a restraining order in Texas?
The Petitioner has the burden of proof and must prove by a “preponderance of the evidence” that family violence has occurred and is likely again to occur. Magistrate's Order of Emergency Protection (MOEP) – If you get arrested on family violence, immediately upon arrest, the court may issue a MOEP.
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What is a 136.2 PC protective order?
PC 136.2 is the statute used by a prosecutor to make a petition for a protective order. A CPO can also be issued after a request by police to protect an alleged victim who may be at risk during a criminal investigation.
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Do protective orders show up on background checks in Texas?
Yes, protective orders can appear on background checks in Texas, especially if they are related to criminal cases or family violence.
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What must a Texas court find to sustain the issuance of a protective order?
REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE ORDER. (a) At the close of a hearing on an application for a protective order under this subchapter, the court shall find whether there are reasonable grounds to believe that the applicant is the victim of sexual assault or abuse, indecent assault, stalking, or trafficking.
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What must a Texas court find to sustain the issuance of a protective order?
REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE ORDER. (a) At the close of a hearing on an application for a protective order under this subchapter, the court shall find whether there are reasonable grounds to believe that the applicant is the victim of sexual assault or abuse, indecent assault, stalking, or trafficking.
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