How to File a Restraining Order in Harris County, Texas

To file a restraining order in Harris County, Texas, go to the Harris County District Attorney’s Protective Orders Section at 1200 Congress Street, second floor. A trained caseworker will help you prepare the application, and a prosecutor will review and file it in family court on your behalf. Texas law bars any fees for a protective order applicant, so filing, service, and certified copies all cost nothing.1State of Texas. Texas Family Code 81.002 – No Fees for Applicant The office is open Monday through Friday, 7 a.m. to 5 p.m., and you can reach it at 713-274-0212 or filepo@dao.hctx.net.2Harris County District Attorney’s Office. Obtaining a Protective Order

What most people call a restraining order in this context is technically a protective order under the Texas Family Code. That’s the process the DA’s office handles.

Whether You Qualify

Protective orders in Texas are available to victims of family violence, sexual assault, stalking, human trafficking, or a home burglary where the intruder intended to commit a felony, theft, or assault.3Texas Law Help. Protective Order Fact Sheet

Several categories of people can apply. An adult member of a family or household can file for themselves or for another household member. Someone in a dating relationship can file for protection from dating violence. Any adult can file on behalf of a child. A prosecutor or the Department of Family and Protective Services can also file for a victim.4State of Texas. Texas Family Code 82.002 – Application for Protective Order

For Harris County to have jurisdiction, either you or the respondent must live there, or the violence must have happened there.2Harris County District Attorney’s Office. Obtaining a Protective Order

What to Bring

The DA’s office handles the paperwork, but the strength of your application depends on what you bring with you. Come prepared with:

  • A valid government-issued photo ID.
  • A physical address where the respondent can be personally served: home, work, jail, or court. Without a service address, the case stalls.
  • Names and contact information for anyone who witnessed the violence or threats.
  • Evidence documenting what happened: photos of injuries or damage, medical records, police reports, texts, voicemails, emails, and recordings.

Specific dates, times, and locations for each incident matter. Bring anything you have about prior protective orders, criminal charges, or other court cases involving the respondent.

What Happens After You File

If the judge reviewing your application finds a clear and present danger of family violence, the court can issue a temporary ex parte protective order the same day, without a hearing and without notice to the respondent.5State of Texas. Texas Family Code 83.001 – Requirements for Temporary Ex Parte Order That temporary order takes effect immediately and lasts up to 20 days unless extended, giving you protection while the full hearing is scheduled.6Texas State Law Library. Types of Protective Orders

Before the hearing, a law enforcement officer must personally serve the respondent with a copy of the application and notice of the court date. The clerk arranges service at no cost to you.7Texas Courts. Protective Orders FAQ This is why the respondent’s physical address matters so much. If law enforcement can’t find the respondent, your hearing may be delayed.

You’ll receive a letter with your court date. Show up. The court may dismiss your case if you don’t.2Harris County District Attorney’s Office. Obtaining a Protective Order At the hearing, you present your evidence and testimony. The respondent has the right to attend and present their side. To grant a final order, the judge must find that family violence occurred and is likely to happen again.

What the Order Can Do

A final protective order can restrict the respondent in several ways. The court has authority to prohibit:

  • Any further act of family violence against you or your household.
  • Threatening or harassing communication with you, threats through third parties, and (on a finding of good cause) any communication except through an attorney.
  • Going near your home, workplace, your children’s school or daycare, or other specified locations.
  • Following you or engaging in conduct reasonably likely to harass, alarm, or torment you.
  • Tracking your location through phone apps, GPS devices on your vehicle, or third parties.
  • Possessing any firearm, with a narrow exception for active-duty peace officers.
  • Harming, threatening, or interfering with a pet or assistance animal in your care.

The court must also suspend the respondent’s license to carry a handgun.8State of Texas. Texas Family Code 85.022 – Requirements of Protective Order Orders can also address child custody and support.

Federal law adds a separate firearms ban for anyone subject to a qualifying protective order. It applies when the order was issued after a hearing the respondent had notice of and a chance to participate in, and when the order either includes a finding of credible threat or explicitly prohibits the use of force against an intimate partner or child.9Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Federal violations carry their own penalties on top of any Texas charges.

How Long It Lasts and How to Renew

A final protective order lasts for the period the court specifies, up to two years. If the order doesn’t state a duration, it expires two years from the date it was issued.6Texas State Law Library. Types of Protective Orders The court can issue an order longer than two years when the respondent caused serious bodily injury or has been the subject of two or more prior protective orders with findings of family violence likely to recur.10Texas elaws. Texas Family Code 85.025 – Duration of Protective Order

If the respondent is in jail or prison when the order would otherwise expire, it automatically extends until one year after their release. That extension is mandatory.

To keep protection in place beyond the original term, file a renewal application before the order expires. The DA’s Protective Orders Section can help with renewals the same way it helps with the original filing. Modifications to an existing order (updated addresses, changed custody terms) go through the court. There is no fee for renewing, modifying, dismissing, or withdrawing a protective order.1State of Texas. Texas Family Code 81.002 – No Fees for Applicant

If the Respondent Violates the Order

Violating a protective order is a criminal offense in Texas. A first violation is a Class A misdemeanor, carrying up to one year in jail. It becomes a third-degree felony, punishable by two to ten years in prison, if the respondent has two or more prior convictions for violating a protective order, or if the violation involved an assault or stalking.11State of Texas. Texas Penal Code 25.07 – Violation of Certain Court Orders

Call 911 if the respondent violates your order. Every documented violation strengthens future enforcement and can raise the level of the charge.

Free Legal Help in Harris County

You don’t need a lawyer to file, but free help is available if you want it. These organizations serve Harris County residents:12Harris County Domestic Relations Office. Community Legal Resources

  • Aid to Victims of Domestic Abuse (AVDA): free legal services and counseling for domestic violence victims, 713-224-9911.
  • Houston Area Women’s Center: domestic violence hotline at 713-528-2121, sexual assault hotline at 713-528-7273, live chat at hawc.org.
  • Lone Star Legal Aid: free civil legal help for low-income residents, 713-652-0077 or 800-733-8394.
  • Houston Volunteer Lawyers Program: apply at makejusticehappen.org or call 713-228-0735.

Call 911 first if you are in immediate danger. To start the protective order process, call the Harris County DA’s Protective Orders Section at 713-274-0212.