How to File a Restraining Order in Texas — Required Forms and Process
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Table of Contents
Required forms for family violence PO
- Application for Protective Order. Texas Family Code §82.001
- Family Violence Information Questionnaire
- Sworn affidavit detailing incidents
- Children Information Form (when applicable)
- Notice of Hearing
- Request for Indigent Status Affidavit (if needed)
- Texas Council on Family Violence forms. County variation
Where to file
Texas Family Code §82.002 venue options:
- County where applicant resides
- County where respondent resides
- County where family violence occurred
- Different counties for different incidents — choose strategically
Filing at courthouse:
- District court clerk's office
- County clerk's office (varies by county)
- Family law court designated for protective orders
- Some counties have specific PO court
Information needed for application
- Applicant identifying information. Name, address, contact
- Respondent identifying information. Name, address, employer, vehicle, descriptive info
- Relationship. Spouse, ex-spouse, family member, dating partner, etc.
- Children information when applicable
- Detailed incident descriptions. Dates, locations, what happened
- Injuries and threats
- Prior incidents history
- Police involvement when any
- Specific protections requested
- Pets in household. Texas Family Code §85.022(b)(7) — protective orders can include pets
Confidentiality protections
Texas Family Code §85.007 confidentiality:
- Applicant's address can be sealed
- Phone numbers, employer protected
- Children's school information protected
- Identifying information for children sealed
- Protection ongoing through and after order
- Address can be released to law enforcement only
- Important for safety
After filing
- Judge reviews application. Same-day if claiming immediate danger
- Temporary ex parte order issuance. When warranted
- Service of process arranged. Sheriff or constable
- Notice of hearing. Typically 14-20 days out
- Continuance possible. When respondent requests time
- Final hearing. Evidence presented
- Court findings and order. If granted
- Service of final order. Both parties
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
What forms do I need to file for a Texas restraining order?
Application for Protective Order, Family Violence Information Questionnaire, sworn affidavit, Children Information Form (if applicable), Notice of Hearing. Indigent Status Affidavit if seeking fee waiver. County-specific forms may apply. TexasLawHelp.org provides self-help forms.
Where do I file a restraining order in Texas?
County where applicant resides, respondent resides, or family violence occurred (Texas Family Code §82.002). District court clerk or county clerk depending on county. Some counties have designated protective order courts.
How long does filing a Texas restraining order take?
Filing itself: typically 1-2 hours including form completion. Judge review same day for emergency relief. Temporary ex parte order possible same-day. Full hearing within 14-20 days. Process can be faster with attorney or advocate assistance.
Is my address protected when I file a Texas restraining order?
Yes — Texas Family Code §85.007 protects applicant's address, phone number, employer, children's school information. Address released only to law enforcement. Confidentiality protections continue through and after order. Important for victim safety.
Can I file restraining order without going to court?
Initial filing requires physical presence at clerk's office. Judge review can happen same day. Temporary ex parte order issued without respondent's presence. Full hearing requires both parties typically. Some counties offer online filing components.
