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Legal Information: Texas

Restraining Orders

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Updated: 
July 28, 2023

Step 1: Go to the district attorney's office or the courthouse to file.

You will generally file your application in the county where you or the abuser lives or in any county where the abuse took place.1 However, if you have an ongoing divorce case or another ongoing case that affects the parent-child relationship, you must file for the protective order in:

  • the court in which that case is pending; or
  • the court in the county where you live - but then you must also tell the clerk that about the ongoing case.2

In many counties, the county attorney or district attorney, known as the prosecutor, will help you file for a protective order and represent you in court. If the prosecutor will not file on your behalf, you can file on your own, using the Office of Court Administration’s Standardized Protective Order Forms. The law requires anyone applying for an order to use these standardized forms, but it is possible some counties may still offer their own version of the forms that they used before the law added this requirement.3

However, if at all possible, you may want to first contact the legal advocate at your local family violence program to get information about where and how to file since the process varies by county. A legal advocate can explain your county’s process and may be able to assist you in completing the tool kit’s forms. Note: If you go to an advocate for help, the conversations that you have with the advocate will be confidential/privileged and the advocate cannot reveal what you tell him/her unless an exception applies.4

To find the courthouse in your area or the district attorney’s office, go to TX Courthouse Locations.

Please note that the steps listed below vary from county to county. These instructions are meant as a general guide and do not reflect county-specific procedures. As mentioned earlier, if possible, you might consider first going to your local domestic violence organization or prosecutor’s office, to find out how to get a protective order in your county.

1 Tex. Fam. Code § 82.003
2 Tex. Fam. Code § 85.062(a), (b)
3 Tex. Fam. Code § 82.004; see also Texas C.C.P. Art. 7B.001(c) for the equivalent requirement for protective orders for sexual assault, sexual abuse, indecent assault, stalking, or trafficking
4 Tex. Fam. Code §§ 93.002; 93.003; 93.004

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(s);
  4. a request for one or more protective orders; and
  5. 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. 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, 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.

1 Tex. Fam. Code § 82.004

Step 3: A judge will review your petition.

The judge may wish to ask you questions as s/he reviews your petition. If you are applying for a temporary ex parte order, a judge will decide whether there is an immediate danger that the abuser will commit family violence based on the facts included in your application. If so, you may get a temporary order that usually lasts up to 20 days. Before getting a permanent order, you need to have a full court hearing where the abuser has the opportunity to be present and both you and the abuser have an opportunity to present evidence and testimony.

Step 4: Service of process

The clerk of the court will issue a Notice of an Application for a Protective Order. The clerk will generally arrange for service of this notice to the abuser along with the petition that you filed as well as any temporary ex parte orders that were issued. This notice states that the abuser has been accused of committing family violence. The abuser may get an attorney to defend himself/herself against this allegation. The notice also informs the abuser of the hearing date.

You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?

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)