Introduction
In Texas, a protective order can provide legal protection for individuals facing domestic violence, stalking, sexual assault, or threats of harm. Understanding the legal process and your rights can make a significant difference in securing safety for yourself and your loved ones. This guide covers everything you need to know about filing for a protective order in Texas, including who qualifies, the process, and real-life scenarios that illustrate how protective orders can help.
What is a Protective Order?
A protective order, also known as a restraining order in some states, is a legal document issued by the court to prevent an individual from contacting or coming near the person seeking protection. These orders are often used in cases of domestic violence, stalking, harassment, or sexual assault.
Who Can File for a Protective Order in Texas?
Under Texas law, you can request a protective order if you are:
- A victim of family violence (including abuse by a spouse, former spouse, co-parent, or relative)
- A victim of dating violence
- A victim of sexual assault, stalking, or human trafficking
- A parent or guardian filing on behalf of a minor or another family member
- A prosecuting attorney or law enforcement officer filing on behalf of a victim
Types of Protective Orders in Texas
- Temporary Ex Parte Protective Order – A short-term order (up to 20 days) that can be granted without notifying the alleged abuser if the judge believes there is an immediate threat.
- Final Protective Order – Can last up to two years or longer in severe cases. The alleged abuser has the right to a hearing before this order is granted.
- Magistrate’s Order for Emergency Protection (MOEP) – Often issued after an arrest for domestic violence, sexual assault, or stalking and can last 31-91 days.
How to File for a Protective Order in Texas
The process to obtain a protective order typically involves the following steps:
- Gather Evidence and Documentation
- Police reports, medical records, text messages, emails, or photos of injuries.
- Witness statements or other evidence that proves harassment, threats, or abuse.
- File an Application
- You can file a protective order application at the district attorney’s office, a local legal aid service, or the courthouse in your county.
- A family law attorney can also assist in preparing and filing your petition.
- Obtain a Temporary Order (If Necessary)
- If there is an immediate threat, a judge may issue a temporary ex parte order that takes effect before the hearing.
- Attend the Court Hearing
- The court will schedule a hearing within 14 days. Both parties will have the chance to present their case.
- If the judge grants the final protective order, it will be legally enforceable.
Scenario-Based Examples
Scenario 1: Escaping Domestic Violence
Sarah, a mother of two, endured years of emotional and physical abuse from her husband. After a violent altercation, she contacted the police and sought legal help. With the help of a local attorney, she filed for a temporary protective order, which prohibited her husband from coming near her home, workplace, or children’s school. During the court hearing, she presented evidence of past injuries and police reports, leading to a two-year final protective order that kept her safe.
Scenario 2: Stalking Victim Seeking Protection
Michael started receiving unwanted calls, messages, and threats from a former coworker. The situation escalated when he saw the individual waiting outside his apartment. Michael filed for a protective order for stalking, using evidence from his phone and security camera footage. The court granted the order, ensuring that the stalker could face legal consequences if they attempted contact again.
Scenario 3: Emergency Protection After Assault
After a severe assault by an ex-boyfriend, Lisa pressed charges and the police arrested him. The judge issued a Magistrate’s Order of Emergency Protection (MOEP), preventing him from contacting Lisa for 60 days. Lisa later applied for a final protective order, ensuring continued legal protection.
What Happens If Someone Violates a Protective Order?
Violating a protective order in Texas is a serious crime that can result in:
- Arrest and misdemeanor or felony charges
- Fines and jail time (up to one year in jail for repeated violations)
- Additional penalties, such as mandatory GPS monitoring
How can we assist?
Filing for a protective order in Texas is a crucial step toward safety and legal protection for victims of abuse, harassment, or threats. Whether you’re escaping domestic violence, stalking, or sexual assault, understanding your rights and options can empower you to take action. If you need help, contact a trusted Texas family law attorney to guide you through the process.
At our firm, we have extensive experience assisting clients with divorce cases. Our team includes a board-certified family law attorney, with advanced business degrees, and a specialist in negotiation and mediation. Contact us at 832-538-0833 to schedule a consultation and get personalized legal advice on your situation.
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