How to Get a Protective Order in Texas
A step-by-step guide to Temporary and Final Protective Orders in Texas.
Understanding Emergency Protection and Restraining Orders in Canada
Who Can Ask for a Protection or Restraining Order
Different provinces and territories use different names such as “emergency protection order,” “restraining order,” or “protection against family violence order.” The rules are not identical everywhere, but in many parts of Canada, a person may ask for this type of order if:
- They have experienced violence, threats, or serious controlling behaviour from a partner, ex-partner, or family member
- They fear future harm or serious harassment
- They live with, used to live with, or have a close personal or family relationship with the person they are afraid of
Sometimes a parent or guardian can ask on behalf of a child. In some regions, police or a service worker can apply on someone’s behalf for certain emergency orders.
Temporary Ex Parte Order → Service → Hearing
In many provinces and territories, there is a two-step process for emergency protection orders. The wording and exact steps can differ, but the general idea is:
1. Temporary Ex Parte (Without the Other Person Present)
- “Ex parte” means the other person (the respondent) is not present or notified before the first decision is made.
- A judge or justice of the peace hears only from the person asking for protection (or sometimes from police or a worker applying for them).
- If the legal test is met, a short-term order can be made quickly, sometimes the same day.
This temporary order is meant to provide immediate safety while a fuller hearing is scheduled.
2. Service of the Order
- After the temporary order is made, it usually must be “served” on the respondent. This means they are formally given a copy.
- Service is often done by police or a professional process server, not by the person seeking protection.
- The order usually only becomes enforceable against the respondent once they have been properly served (according to local rules).
3. Hearing With Both Sides
- A court date is set where both the person asking for protection and the respondent can attend.
- The judge may hear more detailed information, review any evidence provided, and may ask questions.
- After the hearing, the judge can confirm, change, or cancel the temporary order, or make a new order for a longer period.
What a “Family Violence” Finding Means (Plain Language)
Many family and protection laws in Canada use the term “family violence.” A court’s “family violence” finding is usually not a criminal conviction. In plain language, it generally means the court has decided there is enough information to say that harmful behaviour happened or there is a serious risk it could happen.
Depending on the law in that province or territory, “family violence” can include:
- Physical harm or attempts to cause physical harm
- Threats to hurt someone, a child, pets, or themselves
- Stalking, harassment, or constant unwanted contact
- Serious emotional or psychological abuse
- Financial control that creates serious fear, dependency, or risk
- Destroying property or hurting pets to scare or control someone
Courts may use a “family violence” finding when deciding whether to grant or continue a protection order and what conditions to include. It can also affect family law issues like parenting arrangements, depending on the region.
Common Protections That May Be Included
Protection and restraining orders can contain different conditions depending on local laws and what the judge believes is needed for safety. Not all conditions are available everywhere. Common examples include:
- No contact: The respondent must not contact the protected person directly or indirectly (for example, by phone, text, email, social media, or through other people), except where the order allows limited contact for specific reasons.
- Stay-away conditions: The respondent must not go to, or near, certain places like a home, workplace, school, or childcare location.
- Exclusive possession of the home: In some regions, the order can temporarily allow one person to stay in the shared home and require the other to leave, even if the home is in the other person’s name.
- Firearms and weapons restrictions: The respondent may be required to surrender firearms or other listed weapons to police, and may be prohibited from having or getting new ones.
- Child-related conditions: The order can set rules around contact with children, pickups and drop-offs, and communication about the children, sometimes alongside or in addition to family court orders.
- Communication limits: If some contact is needed (for example, about children), the order may require it to be in writing, through a specific app, or through a third party.
How Long These Orders Can Last
The duration of protection and restraining orders in Canada varies by type of order and by province or territory. In general:
- Emergency or ex parte orders: Often short-term, sometimes days to a few months, and may require a follow-up hearing to decide if they continue.
- Longer-term protection or restraining orders: Can last months or, in some regions, up to a few years. Some may be renewed or extended if the court agrees the risk is still present.
- Orders involving children or family law: May line up with family court timelines and can sometimes be changed later if circumstances change.
An order usually states on its face how long it is in effect and whether there is a set expiry date. If there is no end date listed, local law may treat it as lasting until changed or cancelled by a court.
For a broader list of supports across Canada, some people choose to look at services gathered through DV.Support, which can help identify local organizations that understand family and relationship violence.