Q: Is there a specific time frame for a protective order to be processed, and granted?
I filed a protective order against my husband almost 2 months ago. Every time I call the courthouse to check on the status "the lady" never returns my call. My last conversation with "the lady" 3 weeks, she stated she triage the PO and she's the only one, so it may take some time. I need to know my options so I can proceed with filing my divorce. I don't want to file for divorce without the PO in place.
From the Texas Family Code:
Sec. 84.001. TIME SET FOR HEARING. (a) On the filing of an application for a protective order, the court shall set a date and time for the hearing unless a later date is requested by the applicant. Except as provided by Section 84.002, the court may not set a date later than the 14th day after the date the application is filed.
(b) The court may not delay a hearing on an application in order to consolidate it with a hearing on a subsequently filed application.
Sec. 84.002. EXTENDED TIME FOR HEARING IN DISTRICT COURT IN CERTAIN COUNTIES. (a) On the request of the prosecuting attorney in a county with a population of more than two million or in a county in a judicial district that is composed of more than one county, the district court shall set the hearing on a date and time not later than 20 days after the date the application is filed or 20 days after the date a request is made to reschedule a hearing under Section 84.003.
(b) The district court shall grant the request of the prosecuting attorney for an extended time in which to hold a hearing on a protective order either on a case-by-case basis or for all cases filed under this subtitle.
If you are using the county attorney’s office to facilitate obtaining a P.O. then there can often be delays; however, P.O. matters are supposed to be heard fairly quickly upon the request of the party applying for the P.O. If the County Attorney or whoever is assisting you is delaying the matter without your consent then it might be time to talk to a another attorney about handling the PO.
The private attorney handling your divorce could almost certainly file the protective order instead of relying on the overworked county prosecutor... the customer service would be better because you would be paying for it.
Your husband will have a pretty good idea of what is happening as soon as he is served with the protective order papers.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.