How to Get a Protective Order in Texas
Reviewed by DocDraft Legal Team · Texas · Last updated September 17, 2026
In Texas, a protective order is a civil court order issued under Title 4 of the Texas Family Code that directs a person who has committed family violence to stop the abuse and stay away from you. You seek one when a family or household member, a spouse or former spouse, a co-parent, or a dating partner has hurt or threatened you and is likely to do so again. You file an Application for Protective Order in a district court or a county court, in the county where you live, where the respondent lives, or where the family violence happened, and you can file on your own or through your county or district attorney's office. There is no fee for an applicant (Tex. Fam. Code 81.002). If the court finds a clear and present danger of family violence, a judge can sign a temporary ex parte order the same day, without the other person present (Tex. Fam. Code 83.001). That temporary order lasts up to 20 days and can be extended for more 20-day periods (Tex. Fam. Code 83.002). At a hearing the court decides whether to issue a final protective order, which can last up to two years, or longer in aggravated cases (Tex. Fam. Code 85.025). After an arrest for family violence, a magistrate can also issue an order for emergency protection. If you are in immediate danger, call 911; the National Domestic Violence Hotline is available at 1-800-799-7233. Attorney review of your petition is available through DocDraft.
Find out where you stand in Texas
Where are you in getting a restraining order?
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How do I get a protective order in Texas?
File an Application for Protective Order in a district or county court in your county. There is no fee for an applicant (Tex. Fam. Code 81.002). You can file on your own or through your county or district attorney's office, and a judge can sign a same-day temporary order.
How long does it take to get a protective order in Texas?
If your application shows a clear and present danger of family violence, a judge can sign a temporary ex parte order the same day, without the other person present (Tex. Fam. Code 83.001). A full hearing is usually set within about two weeks for a final order.
How long does a protective order last in Texas?
A temporary ex parte order lasts up to 20 days and can be extended for more 20-day periods (Tex. Fam. Code 83.002). After the hearing, a final protective order can last up to two years, or longer in aggravated cases such as serious bodily injury (Tex. Fam. Code 85.025).
Which court handles protective orders in Texas?
You file in a district court or a county court, in the county where you live, where the respondent lives, or where the family violence occurred. Many courts and county or district attorney offices provide the standardized application form and help you file a family violence protective order.
Texas protective order law at a glance
In Texas, a protective order is a civil court order under Title 4 of the Texas Family Code that directs a person who has committed family violence to stop the abuse and stay away from you. You ask for one by filing an Application for Protective Order in a district court or a county court, and there is no fee for an applicant (Tex. Fam. Code 81.002). If the court finds a clear and present danger of family violence, a judge can sign a temporary ex parte order the same day, without notice to the other person (Tex. Fam. Code 83.001). That temporary order lasts up to 20 days and can be extended for more 20-day periods (Tex. Fam. Code 83.002). After a hearing, a final protective order can last up to two years, or longer in aggravated cases (Tex. Fam. Code 85.025).
Getting a Texas protective order after threats from an ex-partner
After a former dating partner in Texas repeatedly threatened you and showed up at your home, you decide to seek a protective order. You complete the Application for Protective Order, describing each incident with dates, and file it with the county court at no cost (Tex. Fam. Code 81.002). Because your statement shows a clear and present danger of family violence, a judge signs a temporary ex parte order that day (Tex. Fam. Code 83.001), lasting up to 20 days until your hearing. A constable serves your ex with notice. At the hearing about two weeks later, you show screenshots and testify. The court finds family violence occurred and issues a two-year protective order barring contact (Tex. Fam. Code 85.025). You keep the signed order with you and calendar its end date. Attorney review of your petition is available through DocDraft.
Relevant Laws
Tex. Fam. Code 83.002 (duration of temporary ex parte order)
Provides that a temporary ex parte order is valid for the period specified in the order, not to exceed 20 days, and that on the request of an applicant or on the court's own motion the order may be extended for additional 20-day periods.
Tex. Fam. Code 85.025 (duration of protective order)
Provides that a protective order is effective for the period stated in the order, not to exceed two years, or until the second anniversary of issuance if no period is stated, and allows a longer period in aggravated cases described in the section.
Tex. Fam. Code 81.002 (no fee for applicant)
Provides that an applicant for a protective order or an attorney representing an applicant may not be assessed a fee, cost, charge, or expense by a district or county clerk, sheriff, constable, or other public official in connection with filing, serving, or entering a protective order.
Tex. Fam. Code 82.004 (form and content of application)
Requires a person filing an application to use the protective order application form created by the Office of Court Administration of the Texas Judicial System that is available on the office's website, and lists the information the application must include.
Regional Variances
Texas protective order rules at a glance
Order name
Protective order for family violence, issued under Title 4 of the Texas Family Code (Chapters 81 through 85). A separate emergency path exists after an arrest, the magistrate's order for emergency protection (Tex. Code Crim. Proc. art. 17.292).
Where to file
A district court or a county court, in the county where you live, where the respondent lives, or where the family violence occurred. You can file on your own or through your county or district attorney's office. There is no fee for an applicant (Tex. Fam. Code 81.002).
Emergency and temporary orders
A magistrate can issue an order for emergency protection after an arrest, generally lasting up to 91 days (Tex. Code Crim. Proc. art. 17.292). A judge can also sign a temporary ex parte order the same day you file, lasting up to 20 days until the hearing (Tex. Fam. Code 83.002).
Final order duration
After a hearing, a final protective order can last up to two years, or until the second anniversary of issuance if no period is stated, and can last longer in aggravated cases (Tex. Fam. Code 85.025).
Main form
Application for Protective Order, using the standardized form created by the Office of Court Administration of the Texas Judicial System (Tex. Fam. Code 82.004). The form is free through courts, county or district attorney offices, and legal aid.
Suggested Compliance Checklist
Complete the Application for Protective Order
As soon as possible after the family violence days after startingFill out the Application for Protective Order, describing the family violence, your relationship, and specific dates, using the standardized Office of Court Administration form (Tex. Fam. Code 82.004). A county or district attorney office or legal aid can help. Attorney review of your petition is available through DocDraft.
File your application with a district or county court
Same day you finish the application days after startingFile the application with the clerk of a district or county court in the county where you live, where the respondent lives, or where the family violence occurred. There is no fee for an applicant (Tex. Fam. Code 81.002). You may also file through your county or district attorney.
Request and carry the temporary ex parte order
Same day the judge signs it days after startingAsk for a temporary ex parte order for immediate protection (Tex. Fam. Code 83.001). If the judge signs it, get the signed order and keep a copy with you. It lasts up to 20 days until your hearing (Tex. Fam. Code 83.002). Note your hearing date.
Arrange service on the respondent
Before the hearing days after startingThe respondent must be personally served with your application and the notice of hearing before the court can issue a final order (Tex. Fam. Code 82.043). A sheriff or constable usually serves the papers, and there is no charge to an applicant for service.
Attend the court hearing with your evidence
On the hearing date set by the court days after startingGo to the hearing and bring photos, messages, medical records, and any witnesses. Both sides can testify. At the close of the hearing, the court decides whether family violence occurred and whether to issue a final order (Tex. Fam. Code 85.001).
Track the end date and seek a new order if needed
Before the order expires (up to 2 years out) days after startingA final protective order can last up to two years, or longer in aggravated cases (Tex. Fam. Code 85.025). Calendar the end date. If you still need protection as it nears, ask the court about your options for continued protection well before it expires.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Complete the Application for Protective Order | Fill out the Application for Protective Order, describing the family violence, your relationship, and specific dates, using the standardized Office of Court Administration form (Tex. Fam. Code 82.004). A county or district attorney office or legal aid can help. Attorney review of your petition is available through DocDraft. | - | As soon as possible after the family violence |
| File your application with a district or county court | File the application with the clerk of a district or county court in the county where you live, where the respondent lives, or where the family violence occurred. There is no fee for an applicant (Tex. Fam. Code 81.002). You may also file through your county or district attorney. | - | Same day you finish the application |
| Request and carry the temporary ex parte order | Ask for a temporary ex parte order for immediate protection (Tex. Fam. Code 83.001). If the judge signs it, get the signed order and keep a copy with you. It lasts up to 20 days until your hearing (Tex. Fam. Code 83.002). Note your hearing date. | - | Same day the judge signs it |
| Arrange service on the respondent | The respondent must be personally served with your application and the notice of hearing before the court can issue a final order (Tex. Fam. Code 82.043). A sheriff or constable usually serves the papers, and there is no charge to an applicant for service. | - | Before the hearing |
| Attend the court hearing with your evidence | Go to the hearing and bring photos, messages, medical records, and any witnesses. Both sides can testify. At the close of the hearing, the court decides whether family violence occurred and whether to issue a final order (Tex. Fam. Code 85.001). | - | On the hearing date set by the court |
| Track the end date and seek a new order if needed | A final protective order can last up to two years, or longer in aggravated cases (Tex. Fam. Code 85.025). Calendar the end date. If you still need protection as it nears, ask the court about your options for continued protection well before it expires. | - | Before the order expires (up to 2 years out) |
Frequently Asked Questions
No. Texas Family Code 81.002 provides that an applicant for a protective order may not be assessed a fee, cost, charge, or expense by a district or county clerk, sheriff, constable, or other public official in connection with filing, serving, or entering the order.
After a person is arrested for a family violence offense, a magistrate can issue an order for emergency protection, on request or on the magistrate's own motion (Tex. Code Crim. Proc. art. 17.292). It takes effect on issuance and generally remains in effect up to 91 days, or up to 121 days in certain aggravated cases.
An adult member of a family or household may file to protect themselves or another member (Tex. Fam. Code 82.002). This covers a spouse or former spouse, people related by blood or marriage, a current or former dating partner, co-parents, and household members. A prosecutor may file on a person's behalf.
You file an Application for Protective Order using the standardized form created by the Office of Court Administration of the Texas Judicial System (Tex. Fam. Code 82.004). The form is available on that office's website, and courts, county or district attorney offices, and legal aid groups provide it at no charge.
Both you and the respondent can attend, present evidence, and testify. At the close of the hearing, the court must find whether family violence has occurred (Tex. Fam. Code 85.001). If it finds that it did and is likely to occur again, the court issues a final protective order with specific terms.
A temporary ex parte order can be extended for additional 20-day periods on request or the court's own motion (Tex. Fam. Code 83.002). A final protective order lasts up to two years, and in aggravated cases, such as serious bodily injury or a prior order, it can last longer (Tex. Fam. Code 85.025).
Violating a protective order is a crime in Texas. Call the police, who can arrest the person, and prosecutors can file criminal charges. The court can also hold the person in contempt. Keep a copy of your order with you at all times and report every violation to law enforcement.
No. You can apply on your own using the standardized state form, and your county or district attorney's office may help family violence victims file at no cost. Legal aid organizations also assist. A lawyer can be useful if the case is contested or the respondent has an attorney.
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