If you or your children are experiencing family violence, dating violence, stalking, or harassment, Texas law gives you a powerful tool: the protective order. This guide explains who qualifies, how the process works in Travis, Williamson, and Hays counties, and what a protective order can actually do. If you’re in immediate danger, call 911 first.
The Three Types of Protective Orders in Texas
- Temporary ex parte protective order — issued quickly, without the other person present, when the court finds a clear and present danger of family violence. Typically lasts up to 20 days and can be extended.
- Final (general) protective order — issued after a hearing where both sides can appear. Usually lasts up to two years, though courts can issue longer orders in serious cases.
- Magistrate’s order of emergency protection — issued by a criminal magistrate after an arrest for family violence, stalking, or certain other offenses. Often called an “emergency protective order,” it takes effect immediately after arrest.
Who Can Apply
You may seek a protective order against a current or former spouse, someone you date or dated, a co-parent, a household member, or a family member by blood or marriage. Victims of stalking, sexual assault, or trafficking can seek protection regardless of their relationship to the offender.
The Application Process, Step by Step
- Prepare your application. An application for a protective order is filed in the county where you or the respondent lives. You can file through a private attorney, the county or district attorney’s office, or legal aid.
- Request a temporary ex parte order. If you’re in danger now, your application can ask the judge to sign a temporary order the same day, without notice to the respondent.
- The respondent is served. The other party receives notice of the application and the hearing date.
- Attend the hearing. Usually set within 14 days. Both sides can present evidence — texts, photos, medical records, police reports, and witness testimony all matter. The judge decides whether family violence occurred and is likely to occur again.
- The order takes effect. Violating it is a crime — police can arrest the violator, and repeat violations can bring felony charges.
What a Protective Order Can Do
- Prohibit contact, threats, and harassment — directly or through third parties
- Keep the respondent away from your home, workplace, and your children’s school or daycare
- Remove the respondent from a shared residence
- Prohibit firearm possession
- Set temporary custody, visitation, and support terms for children
- Order the respondent to complete a battering intervention program
Protective Order vs. Restraining Order
People often use these terms interchangeably, but they’re different tools. A temporary restraining order (TRO) is a civil order — common in divorce cases — that governs behavior like spending money or disturbing the peace of a spouse, and it is enforced through contempt of court. A protective order is aimed at violence and safety, and violating it is a criminal offense with immediate arrest power. If you’re unsafe, a protective order is usually the right tool.
How Protective Orders Affect Divorce and Custody
A finding of family violence has serious consequences in family court: it can eliminate the 60-day divorce waiting period, restrict the violent parent’s access to children, and weigh heavily in custody decisions. If a protective order is in place during your divorce, tell your attorney immediately — it changes the strategy of the entire case.
Get Help Today
SMB Law, PC represents both applicants seeking protection and respondents defending against unfounded allegations in Travis, Williamson, and Hays counties. Our office is blocks from the Travis County courthouse, and we handle these cases with urgency and discretion. Call (512) 561-5003 for a free, confidential consultation. If you’re in immediate danger, call 911 or the National Domestic Violence Hotline at 800-799-7233.
