Who is eligible to file an application for a protective order?

Study for the Texas Code of Criminal Procedure Test. Access flashcards and multiple-choice questions with hints and explanations. Prepare effectively for your exam!

The eligibility to file an application for a protective order is rightly limited to specific individuals who have a direct relationship to the victim or the situation at hand. A victim, a parent of the victim, or a prosecuting attorney can file for a protective order because they have a vested interest in the safety and well-being of the victim and can demonstrate the necessary personal connection or legal authority to seek protection.

Victims naturally have the most direct claim, as they are the individuals seek protection from harm. Parents can act on behalf of minors or vulnerable individuals who cannot file for themselves. Prosecuting attorneys are also eligible because they represent the state and can seek protective orders for victims in cases where they are prosecuting criminal acts related to family violence, stalking, or other relevant offenses.

Individuals who do not fulfill these specific criteria—such as friends of the victim or witnesses to incidents—are generally not authorized to file an application for a protective order, as they may lack the direct relationship or legal justification needed to demonstrate the necessity for such protective measures.

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