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Protective Orders
To provide a civil legal remedy for victims of family violence. The Protective Order Department (POD) assists those seeking protection through the issuance of these orders.
Requirements
Protective orders exist to provide a civil legal remedy for victims of family violence. The Protective Order Department of the McLennan County Criminal District Attorney’s Office assists those seeking protection through the issuance of a protective order.
Not everyone qualifies for a protective order. There are particular requirements that must be met and steps that must be taken for the Protective Order Department to seek a protective order on your behalf.
Requirements
Protective orders exist to provide a civil legal remedy for victims of family violence. The Protective Order Department of the McLennan County Criminal District Attorney’s Office assists those seeking protection through the issuance of a protective order.
Not everyone qualifies for a protective order. There are particular requirements that must be met and steps that must be taken for the Protective Order Department to seek a protective order on your behalf.
- You or the abuser must be a resident of McLennan County.
- You must not have an open criminal file with the McLennan County District Attorney’s Office. Having an open criminal file creates a conflict of interest for the Protective Order Department in seeking your protective order.
- You must not currently be involved in a divorce or any kind of suit affecting the parent-child relationship with the abuser. If you are married and currently seeking a divorce, a protective order should be sought through your attorney.
- You must be able to show that family violence has occurred. This means that the abuser has acted in a way intending to cause physical harm, bodily injury, assault or sexual assault against the victim. A threat that reasonably places the victim in fear of imminent harm may also be considered. .
- You must be able to show that family violence is likely to occur in the future.
- You must be willing to come in and submit an affidavit regarding the circumstances surrounding your need for a protective order.
- You must be willing to attend a hearing before the court where the basis for your application will be presented to the judge.
- You must be able to provide the Protective Order Department with an address where the abuser can be reached. For a protective order to be pursued, the abuser must be served with notice of the hearing date.