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Legal Information: Texas

Restraining Orders

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November 5, 2020

Step 2: Fill out the forms.

Carefully fill out the application. When you apply for a protective order, you must supply the following information:

  1. The name of each petitioner (victim) and the county where each petitioner (victim) resides; (Note: You can request that your children be included as petitioners, but it may not be ordered if there was no violence against the children);
  2. The name, address, and county of residence of each individual who has committed family violence;
  3. The relationship between the victim(s) and the abuser;
  4. A request for one or more protective orders;
  5. If you are receiving services from the state child support division, you must indicate this and give the case number (if you know it) for each open case.1

Read the application carefully and ask questions if you don’t understand something. Describe in detail how the abuser (respondent) injured or threatened you. If you are using the pro se protective order kit online, TexasLawHelp.org has an available chat function at certain hours during the week so you can ask an attorney questions about the forms. Explain when and where the abuse or threats occurred. Write about the most recent and severe incidents of violence, using descriptive language (slapping, hitting, grabbing, choking, threatening, etc.) that fits your situation. Be specific. Include details and dates that relate to the abuser’s violence and threats, if possible. If you are in immediate danger and want to apply for a temporary ex parte order, you must include a detailed description of the facts and circumstances concerning the family violence and the need for the immediate protective order.

You must sign the application under oath that the facts and circumstances contained in the application are true to the best of your knowledge. However, do not sign the application until you have shown it to a clerk. The form must be signed in front of a notary public or a judge at the courthouse. Be aware that once you file the documents, they become public record, and are accessible by the respondent and his/her attorney.

1 Tex. Fam. Code § 82.004