If you are in danger, call 911. For confidential support 24 hours a day, call the National Domestic Violence Hotline at 1-800-799-7233.
A protective order is a court order meant to stop family violence and keep a person from contacting or coming near you. In Texas, protective orders are governed by Title 4 of the Family Code, and they can be a powerful tool for people experiencing abuse from a spouse, partner, family member or household member. This article explains how they work in Texas generally. For step-by-step local information, see our page on getting a protective order in Guadalupe County.
Who can get a protective order?
A protective order for family violence can protect people who are:
- Related by blood or marriage to the abuser, including current or former spouses.
- Parents of the same child, whether or not they were ever married.
- Members of the same household, now or in the past.
- In a current or former dating relationship with the abuser.
Texas also allows protective orders for victims of certain offenses, such as sexual assault, stalking and human trafficking, regardless of the relationship.
What is "family violence"?
Under the Family Code, family violence includes an act by a family or household member intended to cause physical harm, bodily injury, assault or sexual assault, or a threat that reasonably places the person in fear of imminent physical harm. It also includes abuse of a child, and dating violence. It doesn't include reasonable discipline of a child.
What the court must find
To issue a final protective order for family violence, the court must find that:
- Family violence has occurred; and
- Family violence is likely to occur in the future.
Evidence can include your testimony, photos of injuries, medical records, police reports, texts, voicemails, social media messages and witnesses. Write down what happened as soon as you safely can, including dates, and keep copies of evidence somewhere the abuser can't access.
Types of orders
| Type | How it's issued | How long it lasts |
|---|---|---|
| Temporary ex parte order | Issued without notice to the abuser, based on a sworn application showing a clear and present danger of family violence | Up to 20 days, and can be extended |
| Final protective order | Issued after a hearing where both sides can appear | Usually up to 2 years; can be longer in serious cases |
| Magistrate's order of emergency protection | Issued by a judge or magistrate after the abuser is arrested for certain offenses | Generally a limited number of days |
A temporary ex parte order can protect you right away, before the hearing. The hearing on the final order is usually set within about 14 days of filing.
What a protective order can do
A protective order can prohibit the abuser from:
- Committing family violence.
- Communicating with you directly, or in a threatening or harassing way, including through others.
- Going near your home, work, or your children's school or child care.
- Following, stalking or tracking you.
- Possessing a firearm, in many cases.
- Harming or threatening a pet.
It can also address related family matters, such as temporary custody and visitation of children, temporary child support, use of a vehicle or home, and requiring the abuser to complete a battering intervention program. When children are involved, the court may order supervised visitation or supervised exchanges.
How to apply
You have several options:
- The county or district attorney's office. In Texas, the prosecutor's office in your county can file a protective order application on your behalf at no cost to you.
- A private attorney. A lawyer can file the application and represent you at the hearing, which can be especially useful if there's also a divorce or custody case.
- Legal aid organizations that serve survivors of violence.
- Filing on your own. Forms and information are available through TexasLawHelp.org.
There is no filing fee for the applicant in a Texas protective order case, and the court can order the abuser to pay costs and fees.
See Guadalupe County protective orders for local steps and where to start.
What happens if the order is violated?
Violating a protective order is a crime in Texas. Call 911 if the abuser violates the order. Repeated violations or violations involving violence can lead to more serious charges. The court can also hold the violator in contempt.
Keep a copy of your order with you, and give copies to your children's school, your employer and anyone else who may need one.
If you've been served with a protective order
If someone has filed for a protective order against you, take it very seriously. Follow any temporary order exactly, even if you believe it's unfair, and even if the other person contacts you. A final protective order can affect custody, your right to possess firearms, your housing and your job. You have the right to appear at the hearing, present evidence, and be represented by a lawyer.
Protective orders and divorce or custody cases
A protective order often overlaps with a divorce or custody case. Family violence is an important factor in custody decisions, affects whether parents can be joint managing conservators, and can shorten the divorce waiting period. Read more in factors courts consider in determining custody.
Attorney Jesus R. Lopez helps clients in Seguin and throughout Guadalupe County with protective orders and the family law matters connected to them, in English or Spanish. Visit our Seguin local resources page for more community information.
Frequently asked questions
How long does a protective order last in Texas?
A temporary ex parte order lasts up to 20 days and can be extended. A final protective order usually lasts up to two years, and can last longer in serious cases.
Does it cost money to get a protective order in Texas?
No. The applicant doesn't pay a filing fee, and the county or district attorney's office can file for you at no cost.
Can a protective order include custody of my children?
Yes. A protective order can include temporary orders about custody, visitation and child support.
What if the abuser contacts me anyway?
Violating a protective order is a crime. Call 911, save any messages, and tell the attorney who helped you get the order.
Have questions about your situation? Talk with a Seguin family lawyer. Consultations are free, by phone or in person, in English or Spanish.
Related guides
This article is general information about Texas law, not legal advice for your situation. Laws change, and every case is different.