To file a restraining order in Texas, you complete an Application for Protective Order, submit it to the district or county clerk, and attend a hearing where a judge decides whether to issue a final order. Filing is free. Texas Family Code Section 81.002 forbids any clerk, sheriff, constable, or other official from charging an applicant a fee for filing, serving, modifying, dismissing, or getting certified copies of a protective order.1State of Texas. Texas Family Code Section 81.002 – No Fee for Applicant If you are in immediate danger, a judge can grant temporary protection the same day you file.
Make Sure You Need a Protective Order
Texas uses the phrase “restraining order” loosely in everyday speech, but the courts recognize three different tools, and only one of them fits most people’s situations.
A protective order under the Texas Family Code is what shields people from family violence, sexual assault, stalking, or trafficking. It can bar contact, keep the respondent away from your home and workplace, and require surrender of firearms. This is almost certainly what you want.
A temporary restraining order under the Texas Rules of Civil Procedure is something else entirely. TROs appear in civil cases like divorces and property disputes to freeze a situation until the court can hold a hearing. A TRO lasts no more than 14 days, with one possible 14-day extension for good cause. It is about preserving assets, not personal safety.
A magistrate’s order for emergency protection is issued by a judge at the time of a criminal arrest for family violence. You do not file for one yourself; it happens automatically after an arrest and typically lasts 31 to 61 days. If police have already arrested the respondent and one is in place, you can still file a protective order for longer-term protection.
Who Can File
Any adult member of a family or household can file for themselves or on behalf of another family or household member. Either partner in a dating relationship can file in dating violence cases, whether they are an adult or a minor. Any adult can also file on behalf of a child. A prosecuting attorney or the Department of Family and Protective Services can file on someone’s behalf too, and the person being protected is still treated as the applicant.2State of Texas. Texas Family Code Chapter 82 – Protective Order
The relationships covered are wider than most people expect. Family includes anyone related by blood or marriage, former spouses, parents who share a child regardless of whether they were ever married, and foster parents and foster children. Household means people living together in the same home, related or not. Dating violence covers current and former dating partners.3State of Texas. Texas Family Code Chapter 71 – Definitions
The court will need to find two things at the hearing: that family violence occurred and that it is likely to occur again. Texas defines family violence as any act by a family or household member intended to cause physical harm, bodily injury, or sexual assault, or any threat that reasonably puts the other person in fear of those things. Defensive acts do not count.3State of Texas. Texas Family Code Chapter 71 – Definitions
Gather What You Need Before You File
You can get the Application for Protective Order from the Texas Courts website, your county clerk’s office, or a legal aid organization. The statewide packet works in every county.
The form asks for the full name and address of the person you want protection from (the respondent) and your own identifying information. It asks you to describe the most recent incident in detail: the county, the date, whether a weapon was involved, whether children were present, and whether police were called. There is a separate section for any history of prior violence or threats. If children need protection too, you list their names and whether the respondent is a parent or guardian.4Texas Courts. Application for Protective Order
One question deserves careful attention: the application asks whether the respondent possesses or has access to firearms. Answer honestly. It affects what the court can include in the order.4Texas Courts. Application for Protective Order
Evidence beyond the application matters at the hearing. Pull together police reports, medical records, and photographs of injuries. Save threatening text messages, emails, and voicemails. If anyone witnessed what happened, ask for a written statement or arrange for them to testify.
Where and How to File
File the completed application with the district clerk or county clerk in one of three places: the county where you live, the county where the respondent lives, or the county where the violence occurred. If you already have a divorce or custody case pending, file in the same county as that case.
You pay nothing. Not to file, not for the sheriff or constable to serve the respondent, not for certified copies, not for a court reporter, not to modify or dismiss the order later. If anyone at the courthouse asks you for money, point them to Texas Family Code Section 81.002.1State of Texas. Texas Family Code Section 81.002 – No Fee for Applicant
Make copies of everything you submit for your own records. The clerk will assign a case number once your petition is filed.
Same-Day Protection Before the Hearing
If you are in immediate danger, ask the court for a temporary ex parte order when you file. The judge reviews your application and evidence alone, without the respondent present, and decides whether the situation is urgent enough for immediate protection. “Ex parte” simply means one-sided.
A temporary ex parte order lasts up to 20 days. If the full hearing has not happened by then, the court can extend it in additional 20-day increments until the hearing takes place.5State of Texas. Texas Family Code Section 83.002 – Duration of Order; Extension
Once you file, the respondent has to be formally served. A sheriff, constable, or other authorized person delivers the petition and any temporary orders. Because you pay no fees, the cost of service is covered. If the respondent is dodging service, the court can authorize alternative methods.
The Hearing
The court will set a hearing where both sides can appear, give testimony, and present evidence. The judge must find that family violence occurred and is likely to occur again.6Justia. Texas Family Code Chapter 85 – Issuance of Protective Order
Show up. If you do not, your temporary ex parte order expires and the court may dismiss your case. Bring your evidence, any witnesses, and copies of your application. The respondent has a right to attend, but many do not. If the respondent does not appear, the court can still grant the order based on your evidence.
You do not need a lawyer, though one helps. Many Texas legal aid organizations provide free representation for protective order hearings. If you represent yourself, being organized with your timeline and documents makes a real difference.
What the Order Can Do and How Long It Lasts
A final protective order can include a range of provisions:
- Prohibit the respondent from communicating with you directly or through others and from going near your home, workplace, school, or your children’s school or daycare.
- Prohibit further family violence or threats against you or members of your household.
- Order the respondent to turn over firearms and ammunition and bar them from getting new ones while the order is in effect.
- Grant you exclusive use of a shared home in some cases.
- Require the respondent to complete a battering intervention and prevention program or other counseling.
The order must warn the respondent that violating it is a crime and that federal law bars firearm possession by someone under a qualifying protective order.
A standard protective order lasts for the period the court sets, up to two years. If no end date is stated, it automatically expires on the second anniversary of issuance. The court can issue a longer order if the respondent committed a felony-level act of family violence, caused serious bodily injury, or has been the subject of two or more previous protective orders protecting the same person.7State of Texas. Texas Family Code Section 85.025 – Duration of Protective Order
You can file to renew the order if you still face a threat when it is about to expire. Start the renewal a few weeks before the expiration date so there is no gap in coverage.
If the Respondent Violates the Order
Call 911. You do not need to go back to court first. Officers can arrest the respondent on the spot. Violating a protective order is a Class A misdemeanor punishable by up to a year in county jail and a fine of up to $4,000. The charge climbs to a state jail felony if the respondent had a deadly weapon during the violation, and to a third-degree felony if the respondent has two or more prior convictions for violating a protective order or if the violation involves an assault or stalking.8State of Texas. Texas Penal Code Section 25.07 – Violation of Certain Court Orders
Keep a certified copy of the order with you. It helps any officer verify and enforce it quickly.