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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33554
Experience:  Began practicing law in 1992
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First, how much will this cost? Can I have a get a

Customer Question

First, how much will this cost? Can I have a get a restraining order without pressing charges. I am in Texas
JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to. Because laws vary from place to place, can you tell me what state this is in?
Customer: Texas....
JA: Has anything been filed or reported?
Customer: Police have been to the house twice because Neighbors reported abuse
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have photos of bruises
Submitted: 9 months ago.
Category: Legal
Customer: replied 9 months ago.
He does not pay rent and has no legal reason to be in my daughters house. They are not married.
Expert:  Dwayne B. replied 9 months 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:  Dwayne B. replied 9 months ago.

Was your question answered as far as the cost of this?

Customer: replied 9 months ago.
I paid 36 dollars
Customer: replied 9 months ago.
Did you get my question
Expert:  Dwayne B. replied 9 months ago.

I did. Let me look at something really fast

Expert:  Dwayne B. replied 9 months ago.

You have a couple of choices. You can go through the police and the District Attorney (DA) and try to get a protective order, which is a kind of injunction or you can go through your own lawyer and ask for an injunction or a protective order.

However, in neither case is it guaranteed that he won't have charges pursued against him. Many people believe that they must "press charges" for a DA to pursue someone but that isn't the case in Texas. The DA and the police can pursue a person even if the witness doesn't want them to pursue the charges and doesn't want to cooperate.

Some DAs won't get a protective order for a "victim" if they don't agree to cooperate in the prosecution in which case the only choice is to hire a lawyer and pursue it through the civil court.

There is really no difference between a protective order and an injunction other than that with a protective order a person can be arrested immediately if they violate it whereas with an injunction they must be taken to court first for a violation of the injunction.

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 are more requirements than this depending on the exact facts of the case but 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.

Customer: replied 9 months ago.
in your opinion, to get someone to quite stalking you, leave you alone what is the best way. He has physically bruised her
Customer: replied 9 months ago.
She is afraid of him
Expert:  Dwayne B. replied 9 months ago.

The best way is to report it to he police and ask them to get the DA to get a protective order. However, that likely means they will press charges.

Customer: replied 9 months ago.
Ok, thanks for your help
Expert:  Dwayne B. replied 9 months ago.

You're very welcome and the best of luck to her.

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.