To get a temporary ex parte protective order in Texas, file an Application for Protective Order along with a sworn statement at your county’s district clerk’s office. A judge can review it the same day and issue the order without notifying the other party. There is no filing fee, and the temporary order lasts up to 20 days, creating a safety window until a full hearing where both sides appear.
Who Qualifies
The order is designed for family violence situations. Texas defines family violence as an act by a family or household member intended to cause physical harm, assault, or sexual assault, or a threat that reasonably puts someone in fear of those things.1State of Texas. Texas Family Code 71.004 – Family Violence Acting defensively to protect yourself is not family violence.
You also have to be in a qualifying relationship with the person you want the order against. “Family” covers people related by blood or marriage, current or former spouses, parents of the same child whether or not they were ever married, and foster parents and foster children.2State of Texas. Texas Family Code 71.003 – Family “Household” means people living in the same dwelling, related or not.3State of Texas. Texas Family Code 71.005 – Household A dating relationship also qualifies if it involves a continuing romantic or intimate connection, judged by its length, nature, and how often the people interacted. Casual acquaintance and ordinary social or professional contact do not count.4State of Texas. Texas Family Code 71.0021 – Dating Violence
Any adult family or household member can file to protect themselves or another member of the family or household. For dating violence, either party can file, adult or minor. Any adult can file on behalf of a child victim, and a prosecuting attorney or the Department of Family and Protective Services can also file on someone’s behalf.5State of Texas. Texas Family Code 82.002 – Who May File Application
What to File
You need two documents: an Application for Protective Order and one sworn statement, either an Affidavit or a Declaration. Both forms are available from the district clerk’s office and from the Texas Judicial Branch website. The application collects identifying information about you and the respondent, a service address where law enforcement can find the respondent, and details about any children who need protection.
Affidavit or Declaration
The two sworn-statement options have different consequences. An affidavit has to be signed in front of a notary, but it keeps your date of birth and current address confidential in the court record. A declaration skips notarization, but your date of birth and address become public.6TexasLawHelp.org. Protective Order Kit If you have any concern about the respondent tracing you through court records, use the affidavit.
Writing a Sworn Statement That Gets Granted
The temporary order rises or falls on your written statement, since the respondent is not there to be questioned. Describe each incident separately with dates, locations, and what specifically happened. General claims like “he hit me many times” carry far less weight than a dated account of the last incident followed by earlier ones. Lead with the most recent event, because that is what shows present danger.
If children witnessed the violence or were harmed themselves, say so specifically. Include police report numbers, hospital visits, and any documentary evidence you have: photographs of injuries, screenshots of threatening messages, voicemails. Vague or incomplete statements are the most common reason applications get denied at this stage.
The Ex Parte Hearing
After you file, you appear before a judge for a short hearing. The respondent is not present and has not been given notice. The judge reads your application and sworn statement, may put you under oath, and asks questions. The legal standard is whether a “clear and present danger of family violence” exists.7State of Texas. Texas Family Code FAM 83.001 – Requirements for Temporary Ex Parte Order Be ready to summarize the key facts and say plainly why you need immediate protection.
One request has a higher bar. If you want the judge to order the respondent out of a home you share, Texas law requires live testimony at this hearing on top of your written statement.8Texas State Law Library. Types of Protective Orders Prepare to describe in detail why you cannot safely stay in the home with the respondent.
What the Temporary Order Can Do
A judge can shape the order to your situation. Available restrictions typically include prohibiting the respondent from:
- Committing further family violence against you or any protected family or household member
- Communicating with you or your family in a threatening or harassing way, and in some cases making any contact at all
- Going near your home, workplace, or your child’s school or childcare facility
- Following or tracking you, in person or through electronic tracking devices
- Possessing a firearm, unless the respondent is an active-duty peace officer
- Harming or threatening a pet or companion animal belonging to you or a protected household member
The firearm restriction is significant and often surprises respondents. The court can order firearms surrendered for the duration of the order, and possessing a firearm in violation of a protective order is itself a separate criminal offense.9State of Texas. Texas Family Code 85.022 – Requirements of Order Applying to Person Who Committed Family Violence
After the Judge Signs
A law enforcement officer must personally serve the respondent with a copy of your application and the signed order. The clerk’s office arranges service at no cost to you, and the respondent also receives a copy of your signed affidavit or declaration.10Texas Judicial Branch. Protective Orders FAQ Enforcement is difficult until the respondent has actually been served, because they can claim they did not know about the order. Give law enforcement accurate information about where and when to find the respondent.
The order lasts for the period the judge sets, up to 20 days maximum. If more time is needed before the full hearing, the court can extend the order in additional 20-day increments, either on your request or on its own.11State of Texas. Texas Family Code 83.002 – Duration of Order Extension Extensions are common when service has been slow or when the court’s calendar is full.
When you file the application, the court sets the full hearing no later than 14 days out, unless you ask for a later date.12State of Texas. Texas Family Code 84.001 – Time Set for Hearing Both sides attend, both can present evidence, and both can bring attorneys. The temporary order bridges the gap between filing and that hearing.
Cost and Free Help
Filing should cost you nothing. Texas law puts the $16 protective order fee, court costs, and all related charges on the respondent, unless the court finds good cause to waive it or the respondent is indigent.13State of Texas. Texas Family Code 81.003 – Fees and Costs Paid by Party Found to Have Committed Family Violence The clerk’s office arranges service by law enforcement at no charge.10Texas Judicial Branch. Protective Orders FAQ
You do not need a lawyer, and many people file successfully on their own. An attorney is worth considering if the situation involves child custody, complex property questions, or a respondent likely to fight the final order hard. Free legal help is available through local legal aid organizations and programs such as the Texas Advocacy Project, which runs a free legal hotline for domestic violence victims. Many county district attorney’s offices will file protective orders on behalf of victims and have victim assistance coordinators who can walk you through the steps.
If the Respondent Violates the Order
Call 911 immediately if the respondent breaks any term of the order. Violating a protective order is a Class A misdemeanor in Texas, punishable by up to one year in jail and a fine of up to $4,000, and it becomes a felony in more serious circumstances such as violations involving a deadly weapon, an assault, stalking, or a pattern of prior violations.14State of Texas. Texas Penal Code 25.07 – Violation of Certain Court Orders Do not rely on the paper alone for your safety. If you believe you are in immediate danger, leave and call 911 rather than waiting to see whether the respondent will respect the order.