He can't get an Ex Parte Restraing order mostly because there is no such thing as one. In Texas the only kind of contact restraint a magistrate may place on a person "ex parte" is a protective order.Keith B wrote:I would at minimum try to get an temporary restraining order ex parte against the guy.
Everything else the person has a right to show up and defend themselves. If the OP decides he wants to file a complaint, and make a case he can ask for a "No Contact" order from the Judge or a Peace Bond. If the officer violates the first he answers to the judge and would be probably charged with contempt. If he has a peace bond the officer and more than likely the plaintuff would have to post bond. If either of them violated they would lose the bond. I've served a lot of the first two and very few peace bonds. If the OP takes it all the way his safest bet will be asking for a "no contact" order. However the Magistrate will more than likely impose the rule and the officer would not be allowed to talk to the OP anyhow about anything having to do with the case. Since the case would have to do with his contact about everything thus far and the officers investigation thus far he pretty much wouldn't be able to talk to the OP.Art. 7A.02. TEMPORARY EX PARTE ORDER. If the court finds
from the information contained in an application for a protective
order that there is a clear and present danger of a sexual assault
or other harm to the applicant, the court, without further notice to
the alleged offender and without a hearing, may enter a temporary ex
parte order for the protection of the applicant or any other member
of the applicant's family or household.