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Legal Information: Texas

Restraining Orders

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Updated: 
November 5, 2020

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)