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Legal Information: Texas

Restraining Orders

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Laws current as of February 29, 2024

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 and the county where each petitioner lives (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 and county of residence of the individual who has committed family violence (Note: According to the language of the law, it might be possible to file against more than one abuser in a single petition. If you would like to do this, please confirm this with the court clerk or a lawyer.);
  3. the relationship between the victim(s) and the abuser; and
  4. whether you are receiving services from the state child support division, and, if so, the case number for each open case if you have that information.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. Explain when and where the abuse or threats occurred. Write about the most recent and severe incidents of violence, using descriptive language, such as slapping, hitting, grabbing, choking, threatening, etc., that fits your situation. Be specific.  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 in an attachment called an Affidavit or a Declaration.

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.

Note:TexasLawHelp.org has an online pro se protective order kit with frequently asked questions and forms that might be useful. (WomensLaw.org is not affiliated with that organization.)

1 Tex. Fam. Code § 82.004