A person can apply for a protective order on their own behalf and/or on behalf of a child in situations where:

• a spouse, dating partner, or household member has or has threatened to hurt the person; or
• the person has been a victim of family or dating violence, sexual assault and abuse, stalking, or human trafficking.

Texas Laws

Family Violence Orders

Sexual Assault, Stalking, & Trafficking Orders

Understanding the Law

A protective order is a civil court order that requires a court case.  There are forms and instructions for a protective order application on the Forms page of this guide.

Applicants may be able to get help obtaining a protective order from a local organization like their county's District Attorney's office. See the Get Help page of this guide for a list of potential options.

Where do I file?

An application for a protective order may be filed in: 

1. the county in which the applicant resides; 
2. the county in which the respondent resides; or
3. any county in which the offense is alleged to have occurred.

If there is a divorce or custody case pending, the forms are filed in the same county as the case or the county where the person applying lives.

How much does it cost?

There are no fees associated with applying for a protective order.

Texas Laws

Standardized Protective Order Forms 

In family violence cases, a protective order can be filed as part of a divorce or "Suit Affecting the Parent-Child Relationship" (SAPCR). In some cases, a victim may already have a protective order in place before petitioning for a divorce.

Either way, there are a few ways that a protective order will factor into the case.

Can I get a protective order during my divorce?

A protective order can be requested as part of a divorce or SAPCR. A court can also inform a party of their right to apply for a protective order if they suspect the party is a victim of family violence.  

Do I need to tell the court about my protective order?

A person must disclose on a petition for divorce or SAPCR if they have an active protective order. And vice versa, a person must state on the application for a protective order if they have an ongoing divorce or SAPCR. 

Do I still have to wait 60-days to finalize my divorce?

No. Divorce cases typically have a 60-day waiting period between filing a petition for divorce and the divorce being finalized. However, this waiting period is waived if the petitioner has an active protective order. 

Will my protective order affect the outcome of my custody case?

According to Section 153.004 of the Texas Family Code, the court will consider any history of family violence or sexual abuse when deciding on conservatorship. A protective order rendered two-or-less years before the suit may be considered as evidence.

Texas Law

Understanding the Law

A protective order is typically effective for up to two years.

In certain circumstances, the order's duration may be longer if the subject of the order caused serious injury or was the subject of 2 or more previous orders to protect the applicant. See Section 85.025 for more details.

A protective order can be renewed by filing a new application no more than 30 days before it expires. A person may also file for a new protective order after the previous one has expired.

Understanding the Law

Once you are granted a protective order, you may wish to keep a copy on hand. You may also wish to inform your employer and people close to you about it.

Understanding the Law