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Being stalked is a terrifying, exhausting experience that affects your safety and peace of mind. You have the right to live without constantly looking over your shoulder, and a restraining order against a stalker can help you take control of your life. Here’s our step-by-step guide for getting a protective order against a stalker in Midland, TX.
Restraining Orders vs. Protective Orders: What’s the Difference, and Why It Matters
Before going further, it’s crucial to clear up some confusion over legal terminology that often occurs in stalking cases. In Texas, restraining orders and protective orders serve different purposes. Courts typically issue restraining orders in civil cases, such as contested divorces, to prevent one party from taking certain actions. For example, a family court might issue a restraining order to prevent a spouse from selling certain property. Importantly, violating a restraining order does not carry criminal penalties.
On the other hand, a protective order is designed to protect victims of abuse, stalking, or harassment. Violating a protective order can result in criminal charges. If someone is stalking you, you need a protective order, not a restraining order, as it provides legal protection and enforcement against the stalker’s actions.
How to Get a Protective Order Against a Stalker in Texas
If someone is stalking you in Texas, here’s how to get a protective order against them:
Step 1: File an Application for a Protective Order
Go to the district or county court in the county where you live or where the stalking occurred. In Midland County, the District Attorney’s Protective Order Division handles these cases, and you can find many of the forms you need online (though you must submit the forms in person). File an Application for a Protective Order, and make sure you include evidence of the stalking incidents, such as police reports, witness statements, threatening messages, or photos. If you’re in immediate danger, request a temporary ex parte order for immediate protection while the court processes your application. Temporary protective orders typically last for 20 days, though the courts can extend them with good cause.
Step 2: Attend a Court Hearing
Once you file your application, the court will schedule a hearing, usually within 14 days. During the hearing, both you and the alleged stalker can present evidence and testify. If you have a temporary protective order, it remains in effect until the hearing.
Step 3: Obtain the Final Protective Order
If the court determines that someone has stalked you, it will issue a protective order. In Texas, these orders can last up to two years, but they may be extended if the stalker continues their behavior. The order can include provisions such as prohibiting the stalker from contacting you, ordering them to stay away from your home or workplace, and forcing your stalker to surrender any firearms they possess.
Step 4: Notify Law Enforcement
Provide a copy of the protective order to local law enforcement agencies. This step helps ensure that officers are aware of the order and can act immediately if the stalker violates it.
Step 5: Enforce the Order if Your Stalker Violates It
If the stalker violates the protective order, contact the police immediately. Violating a protective order in Texas is a criminal offense and can lead to an arrest, fines, or jail time. Keep a copy of the order with you at all times for quick access.
Step 6: Renew or Extend the Order if Necessary
Before the protective order expires, you can petition the court to renew or extend it. This is particularly important if the stalker continues their behavior or poses an ongoing threat. File for renewal well before the expiration date to help ensure that you have continuous protection.
Contact a Midland, TX, Protective Order Attorney Now for Help
No one should go through life in constant fear for their safety. The Midland, TX, domestic abuse attorneys at Navarrete & Schwartz, P.C. can help you file your protective order application with the local courts and represent you in any required court hearings. Call now or complete our contact form for a consultation.