FAQs
Who are considered family members?
"Family members" include persons who have lived together,
including roommates, former members of the family (such as ex-spouses,
or members of a former spouse's family); and also includes biological
parents of a child, whether they have ever resided in the same
house or not.
What qualifies for a protective order?
Protective orders are available to persons who need protection
from a member of the same family or household or a former member
of the same family or household who has committed family violence
against the person requesting the protective order.
Can I obtain a protective order for someone else?
A parent can obtain an order for a minor child. Also, persons
applying for a protective order may also include other family
members in the order. In other words, a woman can request that
the judge order her former roommate to stay away from herself,
her parents and her children, because they are members of her
family. But a person may not obtain a protective order for someone
who would not otherwise be eligible for one.
Where can I file a protective order?
A protective order can be filed in the county where you reside,
where the person you wish to be protected from resides, or in
the county where the violence occurred. Usually, it is best to
file the protective order in your home county, since that is where
you will be spending most of your time, and the law enforcement
agencies will be more aware of the situation. If you do not reside
in Ochiltree County, contact the District or County Attorney in
the county where you reside and ask about their policies regarding
protective orders.
What is involved in obtaining a protective order?
A completed application is the first step in obtaining a Protective
Order. The application states the relationship between the Applicant
( the person requesting the protective order) and the Respondent
(the person the Applicant wants to be protected from), the violence
the Respondent has committed against the Applicant, and what specific
things the Applicant wants the judge to order the Respondent to
do. There is also a form to be filled out if the person requesting
the protective order wants to remove the person committing the
violence from the home. This is generally only used in cases where
the Applicant and Respondent are still living together, and the
Applicant has nowhere to go for safety. An application for a protective
order is available at the office of the Panhandle Crisis Center,
317 South Main Street, Perryton, Texas, 79070.
How much does a Protective Order cost?
The court costs associated with the issuance of a Protective
Order will be charged against the Respondent (the person who has
committed the violence).
How long does it take to get a Protective Order?
The Temporary Protective Order goes into effect as soon as the
judge signs it. A Temporary Protective Order is generally presented
to the judge for his consideration and signature within 4 hours
after the application is completed. This order will be good for
14 days. A hearing for a final Protective Order will be set within
14 days. At this hearing both sides will be able to appear before
the judge and give their side of the story. At the conclusion
of this hearing if the judge sees that there is cause for a protective
order, he will sign the Final Protective Order which will go into
effect immediately and will last for 1 year from the date of signing.
What is an Emergency Protective Order?
This is a 60-day temporary order issued by any magistrate when
a person is arrested and in custody for family violence/assault.
It can be issued on request of the victim, or on the initiative
of the magistrate. This allows for a period of safety for a victim
of violence to take the steps necessary to obtain a full protective
order, and to ensure his or her safety over the long term. Also,
the release of a person who has been arrested for family violence
can be delayed for up to 24 hours to allow a victim to make arrangements
for a safe place to stay, if the magistrate and law enforcement
are aware that the victim needs this time. If you are the victim
of such a crime, please communicate with the officers who answer
your call, and let them know if you need this extra time.
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