Note The library cannot tell you what the law means for your situation.
A protective order is a court order that can help safeguard a victim of violence or harassment. An order can include a number of restrictions to keep an abuser or offender from causing future harm to the victim, their family, and members of their household. In family violence cases, some restrictions may apply to either party.
People sometimes say 'restraining order' when referring to a protective order. See the Types of Orders page for details.
Texas law allows for a protective order in a few scenarios:
A victim of these crimes may apply for a protective order for themselves or a child. A person can also apply for a protective order if there is a threat of violence. There are no court fees or costs to apply for a protective order.
A magistrate can enact an emergency protective order after a defendant is arrested for one of these crimes.
This guide often uses the terms "applicant and respondent" to refer to different parties named in a protective order. The "applicant" is the person protected by the order. The "respondent" is the person restricted by the order.
The "applicant" is the person protected by the order. The "respondent" is the person restricted by the order.
Texas law sets out many ways that the courts can restrict or prohibit certain actions. These restrictions can apply to:
Below are some of the restrictions the court can order for the respondent. The court may also issue other restrictions as appropriate to the situation. Be sure to read the statute for specific details about what may apply.
| Restrictions | Details |
|---|---|
| Family Violence | The respondent is prohibited from engaging in further family violence. |
| Following or Tracking |
The respondent cannot follow, track, or monitor the applicant. This restriction applies to both:
The respondent must also stay away from the applicant and the places they frequent. These locations are listed in the order. |
| Firearms |
The respondent is restricted from possessing a firearm outright. There are exceptions for peace officers who are required to carry firearms.
The respondent's license may also be suspended. |
| Communication |
The court can prohibit the respondent from threatening or harassing the applicant. This can also apply to members of their family or household. If the court finds good cause, it may limit all communication with the applicant and any members of their family or household.
The court can also order the removal of the applicant's telephone from the respondent's account. This law applies in family violence cases and is in Family Code Section 85.0225. |
| Pets & Assistance Animals |
The court can prohibit the respondent from harming, removing, threatening, or interfering with the care of the applicant's pet.
This also applies to assistance and companion animals. |
| Counseling | In family violence cases, the court can order the respondent to attend counseling and/or complete a battering intervention and prevention program. |
In family violence cases, the court can also issue restrictions that apply to any party identified in the order. This law is in Texas Family Code Section 85.021.
These restrictions are often used when the parties share children and property or live in the same household. The court may also issue other restrictions as appropriate to the situation.
| Restrictions | Details |
|---|---|
| Child Custody & Visitation | The court may prohibit the removal of the child. It may also grant a party possession, access, and visitation if the party is the child's parent. |
| Child & Spousal Support | The court can order a party to continue paying any child or spousal support they are obligated to pay. |
| Housing & Property |
The court may grant any party exclusive access to a residence. It may, if appropriate, require the other party to vacate the residence. This is sometimes called a "kick-out" order.
The court can also prohibit either party from transferring or disposing of shared property. It can also allow one party the exclusive use of shared property, like a car. |
| Pets | The court can bar either party from removing a pet, companion animal, or assistance animal from the possession or care of a person named in the order. |
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Note The library cannot tell you what the law means for your situation.