Contact
Subscribe


Bleg: Texas Restraining Orders

Jun 18, 2012
By .
Meta

If you have experience with obtaining and enforcing restraining orders in Texas (more specifically, the Dallas area), especially in cases involving mental illness, and you’d be willing to answer a few questions, I’d be very grateful if you'd drop me an email.

This is not for a client, pro bono or otherwise, unfortunately.

Please do not speculate, here or elsewhere, about the parties involved in this matter. Doing so could cause me harm. Thank you.

Last 5 posts by Ken White

17 Comments
Tags

17 Comments

  1. David  •  Jun 18, 2012 @8:09 am

    Look, Ken, we warned you what would happen if the Cowboys cheerleaders found out you were playing the field.

    (In seriousness, I really hope nobody's in danger and that it blows over quickly. Sadly I have no experience with Texan restraining orders.)

  2. joe  •  Jun 18, 2012 @8:16 am

    Just sent you an email – reply back and let me know if you want to talk to my contact.

  3. Goober  •  Jun 18, 2012 @8:27 am

    I am not a lawyer, but I'm relatively certain that a "texas restraining order" does not mean what you think it means.

    I could be wrong. It's either texas or cleveland. All I know is that there is a website dealing with these thing and YOU DON'T WANT TO GO THERE!

  4. Ken  •  Jun 18, 2012 @9:37 am

    "Funny jokes" referencing violence or guns will not be approved in this thread.

  5. JRM  •  Jun 18, 2012 @11:26 am

    Good luck with this. Sounds dreadful. I'm of no assistance, regrettably.

  6. Scott Jacobs  •  Jun 18, 2012 @11:32 am

    God damnit, Ken, for the last time I AM NOT IN TEXAS!!!

  7. RootWyrm  •  Jun 18, 2012 @11:46 am

    Long time reader, first time commenter. (Ha. Ha. Yeah.) Obviously, not a lawyer.

    Not sure how Texas is, but I just had to go through a similar thing in Ohio – though as a Pro Se Civil Protection Order for Stalking. I don't know if Texas has a similar law on the books, unfortunately. It does look like it's fairly similar to Ohio RC 2903 – Texas 42.072. Most of the rest is standard across almost every state thankfully.
    Here's the Texas Pro Se forms you're probably looking for: https://www.oag.state.tx.us/AG_Publications/pdfs/protectiveKit_dv.pdf

    Important note; you don't need to prove mental illness or instability. You only need to prove that they have made statements on more than one occasion directed at a specific individual that would reasonably instill fear of death or bodily harm. IME, best to keep any opinions of the person's mental state out of it. However, if they have guns? Check the firearms box, and make it very clear at the ex parte hearing (if granted) that they have access to weapons. Doubly so if they threatened to use them.

    As far as enforcement – the respondent doesn't need to be served for a TRO/CPO to be in force. Once YOUR local sheriff and/or police department is served (plus NCIC notification) it's in force. If they call, you log it and immediately notify your local police. If they show up in person, call 911 immediately. Anything else (Twitter, blogs, etcetera,) document like crazy and take to the hearing for the permanent order.

  8. Ancel De Lambert  •  Jun 18, 2012 @2:53 pm

    That's right, Ken, Scott Jacobs is not in Texas. He's in your heart. Let him in, man.

  9. Cheryl  •  Jun 18, 2012 @2:55 pm

    I'm unable to help you with a contact, but rather than a restraining order you might consider a protective order in that state. The mental illness factor likely validates such need. Violation of such order is criminal and carries a lot more weight with law enforcement.

  10. SPQR  •  Jun 18, 2012 @2:58 pm

    So far Goober has the best joke in thread.

  11. perlhaqr  •  Jun 18, 2012 @5:09 pm

    Sympathy, man. Best of luck to you.

  12. John V. Hedtke  •  Jun 18, 2012 @7:59 pm

    (Rats! Having problems posting this on the website.)

    Friends of mine in Dallas did not have anyone specific, but suggested that I point you to the DFW group of the Family Law speciality of the Texas Bar. They also suggested the following two links. The first is a PDF for Texas Protective Orders and the process. The second link is for finding a lawyer in the area.

    http://www.texasbar.com/Content/NavigationMenu/ForThePublic/FreeLegalInformation/FamilyLaw/EndingtheViolenceHowtoObtainaTexasProtectiveCourtOrder.pdf

    http://www.texasbar.com/AM/Template.cfm?Section=Advanced_Search&Template=/CustomSource/MemberDirectory/Search_form_client_main.cfm

  13. dhmosquito  •  Jun 19, 2012 @5:33 am

    Ken, maybe Beldar has some ideas. He's Bill Dyer at dyerlegal.com, although I think he's in the Houston area . He has his own blog, beldar.blogs.com, and comments at Patterico occasionally. Good luck and thanks for being a First Amendment defender. cheers chuck

  14. Mandy  •  Jun 19, 2012 @5:36 am

    I put a shout out on a legal listserve of which I am a subscriber. If I get any responses, I'll pass the information on to you.

  15. Miranda (Mandy)  •  Jun 19, 2012 @9:32 am

    Update: I was contacted by an attorney who practices near DFW. I sent him a link to this post as well as your email at your Popehat account. I hope he contacts you and can help.

  16. Terri  •  Jun 19, 2012 @11:37 am

    I drafted TROs back when I was working as a paralegal doing Family Law in Texas. Short answer is that they are hard to get and honestly, hard to enforce.

  17. Andrew Hackard  •  Jun 20, 2012 @3:14 pm

    Ken, my brother-in-law is a lawyer in Dallas and might be able to help. Law firm web address linked above.