Filings

Restraining and Protective Orders

A restraining order is a lawful court order that is put in place to protect a person, place, or even an object. Laws surrounding a restraining order can differ from one jurisdiction to another. It tells the person who has been filed against what they can and cannot do. There are several types and these can vary from state to state.

Restraining orders are often filed before the abuser is arrested. Protective orders are typically decided after an abuser has been arrested.

The information can get a bit muddy so the best choice is to call or visit your local courthouse.

For a walk through and more information click here

A protective order is a court order informing a person they must cease committing a certain violent action. The protective order's meaning can change depending on the rules or policies in different jurisdictions. Protective orders are mostly used in criminal cases in which people living together or sharing some spaces together have been subject to violence or harassment. Just like restraining orders there are several types and vary from state to state.

How to file

Fill out a restraining order form with specifics and have it signed and notarized at a courthouse and submit it there.

To see a restraining order template click/tap here

To see protective order resources and examples click/tap here

We are based in Texas so some of our resources only apply to that state. It’s best to check with your county and state to see what the specifics are for filing.

Violations

there are two types of violations

Civil contempt: the judge will issue another court order to push the person to follow the original order. This often includes a punishment called “sanctions” that do not include imprisonment such as revoking a driver's license, threatening to send a case to criminal court, or making the restraining order more restrictive. This is easier to prove than criminal contempt.

Criminal contempt: this is when the abuser faces serious fines and sometimes imprisonment to both jail or prison. The abuser would have the right to a jury trial. If the jail time is substantial, a lawyer can be appointed. The standard proof for criminal contempt is “beyond a reasonable doubt” which means the judge and jury has to think it is heavily based in evidence and certainty

Reporting violations

Contact the court or police, with evidence. The abuser may be arrested, or take other action. Things like stay away, no contact, cease abuse, exclusive use and custody provisions can be enforced by police.

Things such as failure to pay support or attend programs are enforced by the court. Consequences depend on the jurisdiction.
Two types of standards because of a violation

Unfortunately, there is not a lot of wiggle room for minors to file an order on their own.

Minors can only file restraining orders for a spouse or former spouse, a person who they had a child with or will have a child from, or a person who the minor dated/is dating.

A minor cannot file an order against a current/ former household member unless the minor is considered to be emancipated under the law.

A minor can get a restraining order based on “stalking of a child” however the minor’s guardian must file the complaint. It can be filed against a family/household member.

Emancipation

Emancipation is the process of a minor assuming most adult responsibilities before reaching the age of 18. The law no longer considers the minor to be under the care/control of the guardian. Emancipation is difficult because the law highly favors minors staying with their guardian.

A minor can be considered to be emancipated if they have been married, entered military service, have a child or are pregnant, or have been declared by a court or administrative agency to be emancipated. typically you must be 16-17.

It is usually only upon the showing of unusual or extraordinary circumstances that emancipation will be allowed by the courts.

Any minor wishing to be emancipated from a parent must file a petition with the state court and meet the criteria the court sets typically connected to the minor's best interests. e.g. the minor must be able to support themselves financially etc.

Fees: To file the forms it is approximately $270

For more information on emancipation click here

for emancipation forms click here

Adult Adoption

For a walk through and access to forms click here

Adult adoption is just what it sounds like. One adult adopting another. There’s a couple reasons why someone might choose to adopt another adult.

A person in foster care ages out and the adopter wants to connect the new adult to their family.
Someone wants to be able to put the adoptee on their insurance so that if the adoptee needs further medical care the adopter is directly connected.
connect them directly to inheritance. Though you can use a will, being a direct family member makes it harder to contest the inheritance.
The adoptee wants to legally and verbally proclaim they are no longer connected to their parents and have a new person(s) to call their parents.
Protecting a family legacy.

Sometimes it’s just nice to have someone to call family that isn’t the toxic one you came from.

Parental consent is not required nor is a home visit. Legal parental ties will be severed and a new birth certificate will be issued. (in some cases) the adult will be given the opportunity for a name change. It is not required to have an attorney but it is recommended to have a “family law” lawyer look over your completed forms. Kinship adult adoption can be less than 100$ and adult adoption is on average 800$ and lawyer fees range from 100-1500$