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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32362
Experience:  Began practicing Family Law in 1992
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I have filed criminal charges for assault against a

Customer Question

I have filed criminal charges for assault against a coworker. Harris county sheriff issued a citation. This guy has a previous record for assault and has scary stuff on his facebook page. How do I get a restraining order?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: Not sure what type of lawyer to talk to
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am scared of this guy
Submitted: 1 month ago.
Category: Family Law
Expert:  JD 1992 replied 1 month ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  JD 1992 replied 1 month ago.

You can go to the District Attorney and ask if they will handle a Protective Order for you. Sometimes they will if the other side is being pursued criminally.

If they want then an injunction works the same as a protective order and a restraining order is just a first step in the injunction process.

They are extremely difficult and you really need a lawyer to help with it. However, I'll set out below the steps you go through.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There could be more requirements than this depending on the exact facts of the case but this covers most of them. It is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 1 month ago.
OK online is fine
Expert:  JD 1992 replied 1 month ago.

What specific question can I assist with?

Customer: replied 1 month ago.
How do I obtain a Restraining Order against the coworker who has been issued a class c misdemeanor citation by Harris county sheriff?
Expert:  JD 1992 replied 1 month ago.

I listed the entire procedure above. While my suggestion is to go to the DA or hire an attorney, the steps I gave you above are the ones required.

Expert:  JD 1992 replied 1 month ago.

If you're unable to see the procedures I listed above, and that happens sometimes iwth some computers, let me know and I'll repost them.

Customer: replied 1 month ago.
I can't see them
Expert:  JD 1992 replied 1 month ago.
You can go to the District Attorney and ask if they will handle a Protective Order for you. Sometimes they will if the other side is being pursued criminally. If they want then an injunction works the same as a protective order and a restraining order is just a first step in the injunction process. They are extremely difficult and you really need a lawyer to help with it. However, I'll set out below the steps you go through. The steps to an injunction are: 1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.3) A hearing on the TRO is set.4) The TRO and notice of Hearing is served on the defendant.5) The defendant should immediately begin following the judge's orders.6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.9) Discovery is conducted by both sides.10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:1) An immediate need,2) Which, if not granted, will result in irreparable harm,3) With no adequate remedy at law, and4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.There could be more requirements than this depending on the exact facts of the case but this covers most of them. It is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly. If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.
Expert:  JD 1992 replied 1 month ago.

You can go to the District Attorney and ask if they will handle a Protective Order for you. Sometimes they will if the other side is being pursued criminally.

If they want then an injunction works the same as a protective order and a restraining order is just a first step in the injunction process.

They are extremely difficult and you really need a lawyer to help with it. However, I'll set out below the steps you go through.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There could be more requirements than this depending on the exact facts of the case but this covers most of them. It is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Expert:  JD 1992 replied 1 month ago.

I will be away from the computer for a little while but should be back shortly if you have any follow up questions.

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