Who is eligible for a protective order?
You can apply for a protective order on behalf of yourself and/or your child if you meet one of the following:
- The abuser is “a family or household member,” which is defined as:
- A current or former spouse;
- A blood relative such as a parent, sibling, child;
- A relative by marriage (an in-law);
- A person with whom you have a child in common;
- A household member (such as a current / former roommate);
- A foster parent; or
- A foster child;
- The abuser is someone with whom you have/had a “dating relationship;" or
- The abuser is/was married to or is/was dating someone you are/were married to or are/were in a dating relationship with (for example, the abuser is your girlfriend's ex-husband).*
In addition, a prosecutor/district attorney or the Department of Family and Protective Services can file an application on behalf of any person alleged to be a victim of family violence.**
You may also be able to get a protective order against someone who has sexually assaulted you even if s/he is not a family or household member (like a co-worker or neighbor). See Protective Orders for Victims of Sexual Assault or Abuse, Stalking, or Trafficking for more information.
* Tex. Fam. Code § 71.0021, 71.003, 71.005, 71.006
** Tex. Fam. Code § 82.002(d)