Protective orders for family violence in Texas
If you are in danger right now, call 911. For confidential support any time, call the National Domestic Violence Hotline at 1-800-799-7233 or text START to 88788. In Texas, a family-violence protective order is a court order that can require an abusive spouse, partner, family member or household member to stay away from you and stop contacting or threatening you. If you are in immediate danger, a court can issue a temporary ex parte order, which means an order granted before the other person has a chance to respond, while the full case is heard.
Your safety comes before everything else
If you are reading this page, you may be scared, and you may be reading it on a device someone else can check. If that is a concern, consider using a phone or computer the other person can't access, and clear your browsing history afterward. The National Domestic Violence Hotline at thehotline.org can help you make a safety plan, and calling them does not commit you to anything.
A protective order is one tool. It is a court order that law enforcement can act on. It does not guarantee your safety on its own, so use it together with a safety plan.
What a protective order is
Texas protective orders for family violence are governed by Title 4 of the Texas Family Code. In general, a court can issue one when it finds that family violence has occurred and is likely to occur again. "Family violence" in Texas law covers acts by a family or household member meant to cause physical harm, bodily injury or sexual assault, and threats that reasonably place someone in fear of that harm. Texas law also covers dating violence.
A protective order can, among other things:
- Prohibit the other person from committing family violence.
- Prohibit them from communicating with you in a threatening or harassing way, or from contacting you at all except through set channels.
- Require them to stay a set distance away from your home, workplace, or your children's school or daycare.
- Address temporary possession of children, use of a vehicle or the home, and firearms, depending on the case.
Violating a protective order can be a crime in Texas, and the police can respond to a violation.
Temporary ex parte orders
A full protective order requires a hearing where both sides can appear. That takes time. When there is a clear and present danger of family violence, a Texas court can issue a temporary ex parte order based on the application and the sworn statements attached to it, without first notifying the other person. A temporary ex parte order is short term. Under Texas law it generally lasts no more than 20 days, though it can be extended. It is meant to provide protection until the hearing on the full order.
A final protective order, issued after the hearing, often lasts up to two years, and can last longer in some situations (Tex. Fam. Code Chapter 85).
How to ask for one
You can apply on your own, through the county or district attorney's office in many counties, or with a private family lawyer. Texas law generally does not let applicants be charged fees for filing a protective order. You generally apply in the county where you live or where the other person lives.
A few local starting points:
- Dallas County: the District Attorney's Protective Orders Division, Frank Crowley Courts Building, 133 N. Riverfront Blvd., Dallas, (214) 653-3600. Their page describes eligibility as abuse or threats within the last 90 days by a qualifying person, with either party living in Dallas County or the incident having happened there.
- Denton County: the Protective Order Unit, 1450 E. McKinney St., Denton. Application forms are available in English and Spanish.
- Tarrant County: the Criminal District Attorney's protective orders unit, which takes applications through an online questionnaire, by phone at 817-884-1623, or by email. The office generally can't take applicants who have a pending divorce or custody case, among other limits. If that applies to you, a private family lawyer can file for you.
- Collin County and elsewhere: contact the county or district attorney's office, or a family lawyer.
Statewide self-help information is available at TexasLawHelp.org.
What to have ready
- A written account of what happened, with dates, starting with the most recent incident.
- Any photos of injuries or damage, medical records, police report numbers and names of witnesses.
- Threatening texts, emails, voicemails or social media messages, saved without editing.
- The other person's address, workplace and a description or photo, so the order can be served.
If gathering these puts you at risk, your safety comes first. Bring what you can safely get.
When a protective order overlaps with divorce or custody
Family violence often comes up alongside a divorce or a custody case, and the two affect each other. In Texas:
- A finding of a history of family violence between parents removes the presumption that both should be joint managing conservators (Tex. Fam. Code §153.131). See child custody.
- The 60-day waiting period for divorce does not apply in some family-violence situations, including where the person filing has an active protective order based on family violence during the marriage (Tex. Fam. Code §6.702).
- A family-violence conviction or deferred adjudication can be one basis for spousal maintenance.
Scott Rewak is Board Certified, Family Law — Texas Board of Legal Specialization, and he works with people across Dallas, Collin, Denton and Tarrant counties whose family-law case involves violence or threats. When a spouse is controlling or intimidating, see divorcing a controlling spouse.
If a protective order has been filed against you
Take it seriously. Follow any temporary order exactly, even if you believe it is unfair, and do not contact the person who applied except as the order allows. A protective order can affect custody, firearms rights and more. Speak with a family lawyer as early as possible, before the hearing.
Questions people ask
How fast can I get a protective order in Texas?
When there is a clear and present danger of family violence, a court can issue a temporary ex parte order quickly, based on your application, without first notifying the other person. The full order comes after a hearing.
Does it cost money to file a protective order?
Texas law generally does not allow applicants to be charged fees for a protective order. A private lawyer will charge for their own work.
Do I need a lawyer to get a protective order?
No. Many people apply through the county or district attorney's office or on their own. A lawyer can help, especially when there is also a divorce or custody case.
Can a protective order cover my children?
A protective order can include the children and address temporary possession of them, depending on the facts. Custody itself is usually decided in a divorce or custody case.
What if they violate the order?
Call 911 if you are in danger. Violating a protective order can be a crime in Texas. Keep a record of each violation.
