What is a motion for a protective order in civil law?
A motion for a protective order in civil law is a request that a court issues an order to protect a person from another individual’s conduct. In Texas, this type of request is usually related to restraining orders, injunctions, and orders of protection. It’s used when a person has reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence, dating violence, sexual assault, or stalking. The motion will ask a judge to prohibit the alleged offender from engaging in any type of contact with the protected person, or from going near them. The motion must have certain information in order for it to be complete, such as the legal basis of the request, the address where the offender lives, and a detailed description of the circumstances that allegedly caused the request to be necessary. If the motion is granted, a court will issue a protective order which is legally enforceable. With the protective order in place, the offender cannot engage in any contact with the protected person and may have to pay a fine if they violate the order. If a person’s motion for a protective order is denied, they can appeal the decision and have their case heard by a higher court.
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