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CrimDefense
CrimDefense, CriminalDefenseAtty
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Experience:  8+ years defending Misdemeanor and Felony cases.
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Dallas County, Texas. What is the process to get restraining

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Dallas County, Texas. What is the process to get restraining order against my spouse of last two years who has become hostile and has threatened to file false claim of assault against me. I am yet to move out but would like to do this after I have covered myself legally as my spouse may turn violent or start false accusation just to get me in trouble.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 3 years ago.

Hi and Welcome to Just Answer. I will be the expert that will be helping you today. I look forward to helping you solve your problem.

If you have recently (within the last 90 days) been the victim of; (a) physical abuse (pushing, shoving, slapping, hitting, kicking, choking, or any act intended to physically harm another person) or, (b) the threat of imminent danger (the person has to be physically present and able to follow through), AND one of the following relationships apply to you and the person being abusive:

  1. SPOUSE (husband or wife)
  2. EX-SPOUSE
  3. RELATIVE (related by blood)
  4. IN-LAW (related by marriage)
  5. BIOLOGICAL PARENTS OF THE SAME CHILD
  6. LIVE-IN BOY/GIRLFRIEND
  7. EX-LIVE-IN-BOY/GIRLFRIEND
  8. DATING RELATIONSHIP
  9. or if you have been a victim of SEXUAL ASSAULT

Where Do You Go?
The Family Violence Division of
The District Attorney's Office
At the Frank Crowley Courthouse
133 North Industrial Blvd.
10th Floor
214- 653 - 3528 for info.

Hours
Monday through Friday
8:00 a.m. - 2:00 p.m.
First come, First Serve!
It could take 2-3 hours


WHAT DO YOU NEED TO BRING WITH YOU?

  1. A current state picture I.D. (Texas drivers license or Texas identification card) OR a person with a current I.D. to identify you.
  2. A current and complete address where we can serve the person you are filing against (it is best to serve at work or during daytime hours).
  3. The addresses you want to be protected (for example. work, home, school).

What to Expect When you Get There!!

  • Tell the clerk that you are there for a Family Violence Protective Order.
  • The clerk will give you an application to fill out in the victims* waiting room across the hall.
  • Then you will talk to a victim advocate and give him/her a statement about the abuse. Please try to remember dates and details about abusive incidents in the past.
  • If you want the abusive person to vacate your home, the abuse must have occurred within the last 30 days and you would have had to spend the night in the home within the last 30 days.
  • You will receive a date to come to court and a safety plan with resource numbers and information.
  • Your picture will be taken for the file for identification. Pictures of your injuries will be taken if they are still visible.
  • Your papers will be filed and go to the judge for signing within 24 hours and a Temporary Ex-Parte Order will be issued (it will be police enforceable once the Respondent is served with it).
  • Usually the abusive person will be served within 7-14 days, it depends on the information you provide. These papers will inform the abuser of the upcoming court date. It is up to him/her whether or not they appear the day of the hearing. If they choose not to appear, you will be granted the Protective Order by default.
  • On the day of your hearing, you and an Assistant District Attorney will appear before the judge and have a hearing. If the judge decides that family violence has occurred and is likely to occur in the future, a Protective Order will be granted.
  • You will probably receive your Protective Order at this point. It is police enforceable. The only way to enforce the Protective Order is to call 911 !!
  • The entire process usually takes at least 14 days. The Protective Order is active for 2 years and is renewable if it has been violated or if the person becomes threatening or physically violent with you again.
Customer: replied 3 years ago.
Thank you

There is no physical abuse against me - but a threat to file a false claim against me by my spouse and threat of physical harm by inlaws as a knee jerk recation to the false claim that I had assualted my spouse.

At this point I just want to move out and file for a divorce as there is no way to repair the relationship.

Question:

If I do file for a divorce can I also submit a request for restraining order as I want to enusre I will not be followed or stalked by my spouse once I do move out
Expert:  CrimDefense replied 3 years ago.
If there is an active Divorce pending in Dallas County, the application for protection will have to be filed in the Court where the Divorce is filed by the attorney representing you in your Divorce. Thank you and good luck. Please click the ACCEPT button, so I can get credit for my answer.
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 16806
Experience: 8+ years defending Misdemeanor and Felony cases.
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