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Legal Information: Texas

Restraining Orders

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Updated: 
November 5, 2020

Who qualifies for a sexual assault, sexual abuse, indecente assault, stalking or trafficking protective order?

Victims of any of the following crimes can qualify for this type of protective order, regardless of the relationship between the victim and the offender:

  1. sexual assault (including aggravated sexual assault);
  2. indecent assault;
  3. stalking;
  4. indecency with a child
  5. continuous sexual abuse of young child or children
  6. trafficking (including continuous trafficking); or
  7. forced prostitution.1

1 Tex. C.C.P. Art. 7A.01(a)(1), (a)(2)

Who can file the petition? Can a minor file?

If you are an adult or minor victim, you can apply on your own or with the help of a lawyer, or the prosecutor can apply on your behalf even if there is not a criminal case or police report.

Also, the parent/guardian of a minor child victim can apply on his/her behalf if the child is below a certain age. For victims of sexual assault (including aggravated sexual assault), indecent assault, stalking, indecency with a child, continuous sexual abuse of young child or children, a parent/guardian can file on behalf of a child who is under age 17. For victims of trafficking (including continuous trafficking) or forced prostitution, a parent/guardian can file on behalf of a child who is under age 18.2

1 Tex. C.C.P. Art. 7A.01(a)(1), (a)(2), (a)(5)
2 Tex. C.C.P. Art. 7A.01(a)(3), (a)(4)