Q: when is it possible to get a restraining order?
My ex and I are both 19. It seems like he’s out to get me, I’m super uncomfortable when around him. He persuaded me not to go far away to college, has sexual relations with my ex best friend, showed people my naked pictures, and turned people against me. Every time he’s near I’m SO uncomfortable. My friends think he’s a sociopath. What should I do?
A:
A restraining order may be issued in a civil case, but it expires when the case ends. For example, in a divorce case, a judge may order both people not to sell off assets that they own jointly until a fair division is decided by the court.
A lot of people use the term "restraining order" when they mean Protective Order. You can apply for a Family Violence Protective Order against a former dating partner when you were the victim of domestic violence and there is a real risk that you will be victimized again in the future.
The reasons that you listed are not sufficient to apply for a Family Violence Protective Order. However, if his behavior escalates to the point of Stalking then you can apply for a protective order. In order to qualify, the definition of Stalking listed in Chapter 42 of the Texas Penal Code is required. The everyday use of the word "stalking" and the definition of the crime of Stalking are quite different. More information about Stalking protective orders is posted here: https://www.pacefirm.com/faq/text-messages-crime.html
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