Step 5: The hearing for a permanent protective order
For the judge to grant a permanent protective order, the judge has to believe that the abuser committed family violence against you.1
It is very important that you attend the court hearing. If you find out you absolutely cannot attend, you can contact the court clerk immediately and ask how you can get a “continuance” for a later court date.2 If you do not show up, the judge may dismiss your case and you will lose your protective order.
You do not need an attorney at the hearing; however, having an attorney can be to your advantage. it is especially important to have an attorney if you think the respondent will have one. Go to our TX Finding a Lawyer page for legal referrals. If the prosecutor files the protective order on your behalf, s/he will usually represent you in court.
Also, your local family violence program can give you more information about what to expect at the hearing, and may be able to send an advocate with you for support, and provide an attorney referral. Go to our TX Advocates and Shelters page for organizations in your area.
If the abuser does not show up for the hearing, the judge can still grant you a protective order if:
- the respondent received service of the application and notice of the hearing; and
- proof of service was filed with the court before the hearing.3
See the At the Hearing page in our Preparing for Court – By Yourself section for ways you can show the judge that you were abused.
1 Tex. Fam. Code § 85.001(a)
2 Tex. Fam. Code § 84.001
3 Tex. Fam. Code § 85.006(a)