How to Get a Restraining Order in Texas — Step by Step
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Step 1: Identify the right order type
- Family violence (most common). Family Code Chapter 85 — for family/household members or dating partners
- Stalking. CCP Chapter 7B — for non-family stalking
- Sexual assault. CCP Chapter 7A — for sexual assault victims
- Civil harassment. For non-family non-stalking situations
- TRO during divorce. Rule 680 TRCP — during divorce proceedings
- Emergency Protective Order. Automatic at family violence arrest arraignment
Step 2: Filing application
- Where to file. County where applicant or respondent lives, or family violence occurred
- Required forms. Application for Protective Order, sworn affidavit, family violence questionnaire
- Supporting evidence. Police reports, photos of injuries, medical records, texts/emails, witnesses
- Children information. If applicable
- Filing fee. Waived for family violence applicants
- District attorney can file. Sometimes prosecutes
- Family violence advocates. Help with applications often
- Online forms. TexasLawHelp.org self-help
Step 3: Temporary ex parte order
When filing alleges immediate danger:
- Same-day or next-day review by judge
- Without notice to respondent
- "Clear and present danger" standard
- Effective until hearing (typically 14-20 days)
- Limited duration; full hearing required for longer protection
- Service on respondent triggers hearing scheduling
Step 4: Service of process
- Sheriff or constable. Personal service standard
- Service costs. Waived for family violence
- Notice of hearing. Respondent must be served
- Service required for jurisdiction
- Cannot be served by applicant or family members
- Alternative service when respondent evading. Sometimes by publication
Step 5: Final hearing
- Both parties present. Or respondent default if fails to appear
- Evidence presented. Testimony, documents, photos, witnesses
- Cross-examination. Respondent may cross-examine applicant
- Standard. Preponderance of evidence — family violence occurred AND likely to occur again
- Court findings required. Specific findings of family violence
- Final order. Up to 2 years typical
- Specific terms. No contact, distance restrictions, firearm surrender, etc.
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
How do I get a restraining order in Texas?
File application in appropriate county. Most common: family violence protective order (Family Code Chapter 85). Free for family violence applicants. Filing produces temporary ex parte order possible same-day; full hearing within 14-20 days; final order up to 2 years.
What evidence do I need for a Texas restraining order?
Sworn affidavit detailing family violence or threats. Supporting evidence: police reports, photos of injuries, medical records, text messages, emails, witnesses, prior incident documentation. More evidence supports stronger order; some orders granted on sworn application alone.
How long does it take to get a Texas restraining order?
Temporary ex parte order: same-day or next-day when immediate danger shown. Full hearing within 14-20 days. Final order issued at hearing if granted. Stalking/sexual assault orders similar timeline; emergency protective orders automatic at criminal arraignment.
Can I get a restraining order without a police report?
Yes — police report not required. Sworn affidavit detailing family violence sufficient for application. Police report supports application but not required. Texas Family Code Chapter 85 procedures don't require prior law enforcement contact.
Do I need a lawyer to get a Texas restraining order?
Not required — family violence applications free; family violence advocates often help; pro se applications common. Lawyer helpful for: complex cases, contested hearings, defending against false counter-allegations. District attorney sometimes prosecutes on applicant's behalf.
References & Statutes
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