Feeling unsafe because of someone close to you is not something anyone should have to endure. In Texas, laws allow you to take fast legal action through a protective order. This legal step can stop an abuser from contacting or approaching you. If you’re dealing with threats, harassment, or violence, knowing the steps to get a protective order in Texas could protect you or someone you care about. This blog breaks down what you need to know to act quickly and confidently.

What Is a Protective Order in Texas?

A protective order is a civil court order that restricts a person from certain actions. It helps protect people who are victims of domestic violence, dating violence, sexual assault, stalking, or trafficking. The person who needs protection is called the “applicant.” The person the order is against is the “respondent.”

Courts can order the respondent to:

• Stop all forms of contact
• Stay a certain distance away from the applicant’s home, school, or workplace
• Surrender firearms

Protective orders carry legal weight. If the respondent violates the terms, they could face arrest or criminal charges.

When Can You Request a Protective Order?

You can ask for a protective order in these situations:

• A current or former partner has harmed you physically or threatened to do so
• You’ve experienced stalking or harassment
• A sexual assault has occurred
• You are being trafficked or held against your will

The relationship between the applicant and respondent also matters. Texas courts issue protective orders in cases involving:

• Family members by blood, marriage, or adoption
• People in a dating relationship
• Spouses or former spouses
• Parents of the same child

Types of Protective Orders Available

Texas courts issue different types of protective orders, depending on the urgency and length of protection needed.

Temporary Ex Parte Protective Order

This order offers immediate protection. Courts issue it without notifying the respondent if there’s a clear danger of violence. It usually lasts up to 20 days but can be extended.

Final Protective Order

After a court hearing, a judge may issue a final order that lasts up to two years. In serious cases, such as when a weapon was used or the respondent has violated a previous order, the court can extend it longer.

Magistrate’s Order of Emergency Protection

Also known as an emergency protective order, this is available after an arrest for family violence, sexual assault, or stalking. The judge in criminal court issues this without a separate request from the victim.

Steps to Get a Protective Order in Texas

Here’s how to file and move through the process of getting protection under Texas law.

Step 1: Fill Out the Application

You’ll start by completing an application for a protective order. You can do this at:

• Your local county courthouse
• A domestic violence shelter
• Legal aid office
• Online through TexasLawHelp.org

You must provide detailed information about the abuse or threat. Include dates, past reports, and descriptions of what happened. Mention any current risk.

Step 2: File the Application with the District or County Court

Take the completed application to the clerk of the appropriate court. The court will process it and may schedule a hearing date.

In urgent cases, ask the judge for a temporary ex parte protective order while waiting for the final hearing. This provides short-term protection.

Step 3: Attend the Ex Parte Hearing (If Requested)

If you requested immediate protection, the court may hold a short hearing without the respondent present. You’ll present your case, and the judge will decide whether to issue a temporary order.

Step 4: Serve the Respondent

The respondent must be officially notified about the court hearing. A law enforcement officer or constable will serve them with legal documents. This is a key step. The judge cannot move forward unless the respondent has been served properly.

Step 5: Prepare for the Final Hearing

Gather evidence to support your request. This could include:

• Medical records
• Photos of injuries
• Police reports
• Witness statements
• Text messages, emails, or voicemails

Show that the abuse happened and that you need protection going forward.

Step 6: Attend the Final Hearing

This is a formal court hearing. Both sides have the chance to speak. You can bring a lawyer or request legal aid. If the judge finds that family violence has occurred and is likely to happen again, they may grant the final protective order.

What Happens After the Judge Grants the Order?

If the court approves your request, the protective order becomes legally binding. You will receive a copy. The respondent must follow every condition in the order. Law enforcement agencies also receive a copy.

Keep a copy of the order with you at all times. Show it to police if needed.

What If the Respondent Violates the Protective Order?

Texas takes violations seriously. If the respondent breaks any rule in the order, you should call the police right away. Violating a protective order is a criminal offense. Consequences include:

• Jail time
• Fines
• Additional charges

Repeat violations could lead to harsher penalties or longer protective orders.

Can You Modify or Cancel a Protective Order?

Yes. You can ask the court to change or end the order. You must file a request and attend a hearing. The judge will review the situation and decide if the change is appropriate.

You can also ask for a renewal before the order expires. This is common if the threat continues or the respondent violates the order.

Do You Need a Lawyer?

You don’t have to hire a lawyer, but it helps to have one, especially if the respondent challenges the order. Legal aid groups across Texas offer free or low-cost help. Some domestic violence shelters also assist with protective orders.

Where to Get Help

If you feel unsafe or think you need a protective order, reach out for help. Here are some resources:

• Texas Advocacy Project: Offers legal help for domestic violence survivors
• National Domestic Violence Hotline: 800-799-SAFE (7233)
• TexasLawHelp.org: Offers forms and instructions
• Local law enforcement: Can assist with filing and safety planning

Final Thoughts

Protective orders are powerful tools for people who need safety and peace of mind. The steps to get one may feel overwhelming, but support is available every step of the way. Whether you need short-term protection or long-term enforcement, Texas courts provide a clear path forward.

Frequently Asked Questions – Protective Orders in Texas

**How long does it take to get a protective order in Texas?**

It can take anywhere from a few days to several weeks to get a protective order in Texas, depending on the court’s schedule and whether the case involves an emergency order.

**What type of proof do I need to support a restraining order in Texas?**

To support a restraining order in Texas, you’ll need evidence such as police reports, medical records, photos of injuries, threatening messages, and witness statements.

**How much does it cost to file a protective order in Texas?**

In most cases, filing for a protective order in Texas is free, especially for victims of family violence, sexual assault, or stalking.

**How to get a no contact order in Texas?**

To get a no contact order in Texas, you must file a petition at the courthouse, demonstrate that there’s a need for protection, and attend a court hearing where a judge will decide if the order is warranted.

**What is the difference between a protective order and a restraining order in Texas?**

A protective order specifically addresses situations of abuse, violence, or threats, while a restraining order is broader and typically applies to civil matters like property disputes.

**What warrants a protective order in Texas?**

A protective order in Texas is warranted if there has been family violence, threats of harm, stalking, or sexual assault. The threat must be credible and ongoing.

**How to put a restraining order on someone in Texas?**

To put a restraining order on someone in Texas, you need to file a petition with the court, provide supporting evidence, and attend a hearing where a judge will decide on issuing the order.

**What is an emergency protective order in Texas?**

An emergency protective order in Texas is a temporary order issued quickly to provide immediate protection in cases of family violence, often following an arrest.

**How many feet away do you have to be to get a restraining order in Texas?**

While there is no specific distance requirement in Texas law, a restraining order often includes terms that restrict the abuser from coming near the victim’s home, workplace, or school.

Other Related Articles:

• How Long Do Domestic Violence Protective Orders Last?
• What is the Difference Between a Protective Order and A Restraining Order?
• What Is Included in an Emergency Protective Order in Texas?
• File a Protective Order in Harris County: The Role of Protective Orders in Texas Family Violence Cases
• How to Access Protections Provided by Emergency Protective Orders in Texas for Immediate Safety