How do we get a protective order against a person we are not related to? 1 Answers as of April 27, 2011

How do we get a protective order against a person we are not related to? We are in fear of our safety.

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Protective orders are for anyone who has a legitimate fear for personal safety and are not limited to family members. Now, there are "Protective Orders" and "Restraining Orders". A PO is issued at the insistence of the District or County Attorney and violation of a PO is a criminal act. A Restraining Order is civil in nature. Both serve the same purpose, the difference is how you acquire it and the proof needed to get it.

A Restraining Order requires you to hire a lawyer, you may or may not need to post a bond - if you do, it will be nominal if it is for your personal safety. The key to knowing which one to file is why you feel fear? If the person you fear has caused the fear through a criminal act or threat of criminal act, then a PO is appropriate. Most important to you and why there is a legal difference is that the person causing the threat is charged for the cost of a PO and again, violation of the PO is criminal in nature. The person who is in fear pays for the RO and the sanction for violation is civil. Without knowing the facts, I would suggest you contact the DA's office in your county and ask for help. It is free to ask, you should get a fairly quick answer as to whether you can have a PO or if you need to hire a lawyer to file for a RO. If you need to hire a lawyer, please keep my firm in mind, if you live in Dallas or Collin County.
Answer Applies to: Texas
Replied: 4/27/2011
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