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Form 8752 Texas Collin: What You Should Know
If you or your spouse are getting divorced as a result of your domestic violence, the court may issue you a No-Contact Provision, which means you will be restricted from calling, visiting, or communicating with one another. If you have a pending court order or other court order or a protective order from a previous marriage for the same domestic violence, or if you or your spouse has been ordered to abide by protective orders previously issued by a court of criminal jurisdiction for a domestic violence offense (such as a misdemeanor domestic violence), the court may also issue the No-Contact Provision. A Protective Order is a court order that restricts contact with the victim. Generally, the Protective Order restricts a person's behavior with children, and may include some restrictions on contacting their ex-spouse or new spouse by phone or in person. What happens to my Permanent Orders? Your Permanent Orders are usually issued for the duration of the Temporary Protective Order (usually three years). What happens to my Temporary Protective Order when I apply for a Marriage License? In the case of a married couple, if you're applying for a Marriage License, a Protective Order will only remain in effect if both of you entered into a civil marriage before the Temporary Protective Order (or any previous civil order issued by the court against the same perpetrator who continues to harm your partner), you and your spouse file a joint Application and Order in Support of the Marriage with the clerk of their county of residence, and the clerk validates the application (which usually takes 2 to 3 weeks). The same restrictions apply to Temporary Protective Orders (i.e., if your spouse has been convicted of domestic violence, please contact our office for an application). What happens when a Permanent Order is revoked? A Temporary Protective Order will generally stay in effect until the court, or the person against whom enforcement is sought, files a Motion for Remedy and Order, or a Motion to Terminate, with the court. A permanent order will be vacated unless the court rules in favor of the party seeking enforcement and enters a judgment that supports the order in full. What happens when a Protective Order is revoked? The Temporary Protective Order stays in effect until someone files a Motion to Reinstitute or Remand or a Motion to Terminate. This can be done anytime; however, it must follow the same steps that a Motion for Remedy and Order must follow and the same types of proof must be provided as a Motion for Remedy and Order.
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