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There are different reasons or circumstances why a judge might issue Lubbock protective order. One is assault and, in particular, family violence or domestic assault. The court can enter a protective order under circumstances where there is an arrest and that assault is alleged in the offense report. The court can enter an order one anytime after a hearing has been held when a person investigating the complaint provides a report. The other party gives a report or a police officer files a report of an assault if a person has threatened or caused bodily harm or serious bodily harm to somebody else, whether a spouse, a former spouse, a dating relationship or roommate.
The scope and intent of a protective order can be far-reaching. There are hate crime protective orders, stalking protective orders, and sexual assault protective orders. There are protective orders for human trafficking as well. If you need a protective order explained or do not understand them completely, contact a professional Lubbock protective order lawyer today.
How are Protective Orders Issued in Lubbock?
Protective orders are issued by a court in Lubbock. As an example, a person makes an application for a family violence protective order with the District or County Court, in regards to where the person lives, where the accused person lives, or where the violence actually occurred.
If there is a divorce or child custody proceeding pending, and some of the people that are involved in that proceeding are also involved in the application for a protective order, then the application would be filed wherever the family court handling the proceeding is located.
Who Can Apply for an Order
Anybody can apply for a family violence protective order to protect themselves or a household member. A person could file for a protective order to protect a brother or sister, even if they were not living in the same house. If they were being abused, a person could file on their behalf. Also, if a person is in a dating relationship which turned sour, one of those people could file for a protective order. And, to show how broad it can be, adults that are not a part of the family or the household could file on behalf of a child.
If the applicant is a former spouse or has filed for divorce, that would show that the relationship has ended the present status of the relationship. If the applicant has already had a protective order against a certain person in the past and it is expired, the applicant will have to prove the information within the application.
Temporary Protective Order
There is a process for obtaining a temporary protective order. There is certain information the applicant has to put in the application, and the applicant has to serve the temporary protective order and notice on the accused so they are aware that an application has been filed. Usually, a law enforcement agent will serve the accused person.
When the accused person is served, the temporary protective order is good for 20 days. It is 20 days to keep people apart and keep things protected until everyone can prepare for a regular hearing. For more on issuing a protective order in Lubbock, contact a professional attorney.