How to Get a Restraining Order in Texas
In Texas these are called Protective order (family violence protective order, temporary ex parte order); also CCP ch. 7B protective orders and magistrate's orders for emergency protection. A protective order is a court order that tells someone to stop abusing, threatening, stalking or contacting you. Here is how to ask for one, what happens next, and where to get free help — each rule linked to the statute or official court page.
Quick answers for Texas
- Cost
- Applicants cannot be charged any fee, cost or expense by the clerk, sheriff, constable or other official for filing, serving or entering a protective order, or for related services such as certified copies, modifying or dismissing the order. Tex. Fam. Code § 81.002
- Emergency / temporary orders
- If the application shows a clear and present danger of family violence, the court can issue a temporary ex parte order without notice or a hearing. It lasts the period stated, up to 20 days, and can be extended in 20-day periods. Tex. Fam. Code §§ 83.001, 83.002, 83.0025, 83.006
- How long an order lasts
- A protective order lasts for the period stated, up to 2 years (or 2 years if no period is stated). It can last longer than 2 years if the court finds a felony family violence act, serious bodily injury, or two or more prior protective orders for the same person. Tex. Fam. Code §§ 85.025, 85.026
- Where to ask
- File the application with the court clerk in the county where you live, where the respondent lives, or where the family violence happened. Tex. Fam. Code §§ 82.001, 82.003, 82.004(a); OCA forms page
Last verified: 2026-10-25
Safety first
- If you are in immediate danger, call 911.
- You can talk to a trained advocate any time, for free and confidentially, through the National Domestic Violence Hotline.
- Advocates can help you make a safety plan and fill out the court forms. Many courts have advocates on site.
- Keep copies of the order with you. Give copies to people who need to know, such as your workplace or your child's school.
Getting an order
| Types of orders | Texas issues family violence protective orders under the Family Code (covering family, household and dating violence), starting with a temporary ex parte order and then a protective order after a hearing. Separate protective orders are available under Code of Criminal Procedure ch. 7B for victims of sexual assault or abuse, stalking, trafficking and (since 2025) certain burglary, theft or assault offenses, and magistrates can issue orders for emergency protection after an arrest. |
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| Who can ask for an order | Family violence covers acts by family members (relatives by blood or marriage, former spouses, parents of the same child, foster parent and child, whether or not living together), household members (people who live or lived together), and dating partners. An adult family or household member can apply to protect themselves or another family or household member; a member of a dating relationship can apply; any adult can apply to protect a child; and a prosecutor or the Department of Family and Protective Services can also apply. |
| Where to ask | File the application with the court clerk in the county where you live, where the respondent lives, or where the family violence happened. Applicants must use the Office of Court Administration's standardized application form, which can also be completed online through the state e-filing self-help site. After-hours filing options were not confirmed on the pages read. |
| Cost | Applicants cannot be charged any fee, cost or expense by the clerk, sheriff, constable or other official for filing, serving or entering a protective order, or for related services such as certified copies, modifying or dismissing the order. Source: Tex. Fam. Code § 81.002 |
Emergency orders and the hearing
| Emergency / temporary orders | If the application shows a clear and present danger of family violence, the court can issue a temporary ex parte order without notice or a hearing. It lasts the period stated, up to 20 days, and can be extended in 20-day periods. To remove someone from their home in an ex parte order, you must give a sworn affidavit and testify in person. A temporary ex parte order is enforceable like a final order. |
|---|---|
| Serving the order | A protective order is delivered to the respondent under the civil rules, served like a writ of injunction, or handed to the respondent in court at the end of the hearing. The clerk mails you a certified copy within 3 business days if you were not in court. No fee may be charged to the applicant for service. Source: Tex. Fam. Code §§ 85.041, 81.002 |
| The court hearing | When an application is filed, the court sets a hearing no later than 14 days after filing, unless you ask for a later date (up to 20 days in some large or multi-county districts at the prosecutor's request). Source: Tex. Fam. Code §§ 84.001, 84.002 |
| How long an order lasts | A protective order lasts for the period stated, up to 2 years (or 2 years if no period is stated). It can last longer than 2 years if the court finds a felony family violence act, serious bodily injury, or two or more prior protective orders for the same person. Some orders run until 2 years after a divorce or custody case ends, and orders are automatically extended if the respondent is released from jail or prison near or after the expiration date. Source: Tex. Fam. Code §§ 85.025, 85.026 |
What the order does
| What an order can require | The court can order the respondent not to commit family violence, not to threaten or harass you (and, for good cause, not to communicate at all), to stay away from your home, job, and children's school or child care, not to follow or harass you, not to possess a firearm, not to harm or take pets, and to complete a battering intervention program. It can also give you exclusive possession of the home, set possession of and access to children, order support, and award use of property. Source: Tex. Fam. Code §§ 85.021, 85.022 |
|---|---|
| Firearms | The court can prohibit the respondent from possessing a firearm (except certain on-duty peace officers), and every protective order must warn that it is unlawful for a person subject to a protective order to possess a firearm or ammunition. |
| If the order is violated | Violating a protective order is a Class A misdemeanor under Penal Code § 25.07. It becomes a state jail felony in some cases (for example, violating while possessing a deadly weapon) and a third-degree felony if the person has two or more prior convictions or the violation involves assault or stalking. It can also be punished as contempt (up to a $500 fine and/or 6 months in jail). |
Children and privacy
| Minors and children | Any adult can apply for a protective order to protect a child from family violence. For dating violence, a member of the dating relationship can apply, and a statement signed under oath by a child can be valid for an ex parte application. § 82.002(b) has two versions from 2011; one allows a dating partner of any age to apply. |
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| Keeping your address private | The Texas Attorney General runs the Address Confidentiality Program (ACP), which gives victims of family violence, sexual assault, human trafficking, stalking or child abduction a substitute P.O. box address and forwards mail. You need a protective order or temporary injunction, or documentation of the crime. Participation lasts 3 years and can be renewed. Toll free (888) 832-2322. Source: Texas Attorney General ACP page |
Forms and help in Texas
- Texas courts: protective order help
- Official Texas protective order forms
- Texas Council on Family Violence (statewide coalition) — 512.794.1133 or toll-free 888.450.TCFV
- Free legal aid in Texas
Texas protective order FAQ
What kinds of protective orders are available in Texas?
Texas issues family violence protective orders under the Family Code (covering family, household and dating violence), starting with a temporary ex parte order and then a protective order after a hearing. Separate protective orders are available under Code of Criminal Procedure ch. 7B for victims of sexual assault or abuse, stalking, trafficking and (since 2025) certain burglary, theft or assault offenses, and magistrates can issue orders for emergency protection after an arrest.
Who can get a restraining order in Texas?
Family violence covers acts by family members (relatives by blood or marriage, former spouses, parents of the same child, foster parent and child, whether or not living together), household members (people who live or lived together), and dating partners. An adult family or household member can apply to protect themselves or another family or household member; a member of a dating relationship can apply; any adult can apply to protect a child; and a prosecutor or the Department of Family and Protective Services can also apply.
Where do I file for a restraining order in Texas?
File the application with the court clerk in the county where you live, where the respondent lives, or where the family violence happened. Applicants must use the Office of Court Administration's standardized application form, which can also be completed online through the state e-filing self-help site.
Does it cost money to get a restraining order in Texas?
Applicants cannot be charged any fee, cost or expense by the clerk, sheriff, constable or other official for filing, serving or entering a protective order, or for related services such as certified copies, modifying or dismissing the order.
How fast can I get an emergency protective order in Texas?
If the application shows a clear and present danger of family violence, the court can issue a temporary ex parte order without notice or a hearing. It lasts the period stated, up to 20 days, and can be extended in 20-day periods. To remove someone from their home in an ex parte order, you must give a sworn affidavit and testify in person. A temporary ex parte order is enforceable like a final order.
What happens at the restraining order hearing in Texas?
When an application is filed, the court sets a hearing no later than 14 days after filing, unless you ask for a later date (up to 20 days in some large or multi-county districts at the prosecutor's request).
How long does a restraining order last in Texas?
A protective order lasts for the period stated, up to 2 years (or 2 years if no period is stated). It can last longer than 2 years if the court finds a felony family violence act, serious bodily injury, or two or more prior protective orders for the same person. Some orders run until 2 years after a divorce or custody case ends, and orders are automatically extended if the respondent is released from jail or prison near or after the expiration date.
What can a protective order do in Texas?
The court can order the respondent not to commit family violence, not to threaten or harass you (and, for good cause, not to communicate at all), to stay away from your home, job, and children's school or child care, not to follow or harass you, not to possess a firearm, not to harm or take pets, and to complete a battering intervention program. It can also give you exclusive possession of the home, set possession of and access to children, order support, and award use of property.
Does a protective order affect firearms in Texas?
The court can prohibit the respondent from possessing a firearm (except certain on-duty peace officers), and every protective order must warn that it is unlawful for a person subject to a protective order to possess a firearm or ammunition.
How is a restraining order served in Texas?
A protective order is delivered to the respondent under the civil rules, served like a writ of injunction, or handed to the respondent in court at the end of the hearing. The clerk mails you a certified copy within 3 business days if you were not in court. No fee may be charged to the applicant for service.
What happens if someone violates a protective order in Texas?
Violating a protective order is a Class A misdemeanor under Penal Code § 25.07. It becomes a state jail felony in some cases (for example, violating while possessing a deadly weapon) and a third-degree felony if the person has two or more prior convictions or the violation involves assault or stalking. It can also be punished as contempt (up to a $500 fine and/or 6 months in jail).
Can a minor get a restraining order in Texas?
Any adult can apply for a protective order to protect a child from family violence. For dating violence, a member of the dating relationship can apply, and a statement signed under oath by a child can be valid for an ex parte application.
Can I keep my address confidential in Texas?
The Texas Attorney General runs the Address Confidentiality Program (ACP), which gives victims of family violence, sexual assault, human trafficking, stalking or child abduction a substitute P.O. box address and forwards mail. You need a protective order or temporary injunction, or documentation of the crime. Participation lasts 3 years and can be renewed. Toll free (888) 832-2322.
Protective orders in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.