Texas Restraining Order Requirements — Eligibility and Documentation
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
Family violence protective order requirements
Texas Family Code Chapter 85 eligibility:
- Qualifying relationship. Family/household member or dating relationship
- Family violence occurred. §71.004 definition
- Family violence likely to occur again. Future risk standard
Qualifying relationships (Texas Family Code §71.005-71.006):
- Spouse or former spouse
- Parents of child together
- Foster parent/child
- Family members by blood or marriage
- People living together in same household
- People who shared household within past 2 years
- Dating partners (Texas Family Code §71.0021)
Family violence definition
Texas Family Code §71.004:
- Act intended to result in physical harm
- Act intended to result in bodily injury
- Act intended to result in assault
- Act intended to result in sexual assault
- Threat that reasonably places another in fear of imminent physical harm, bodily injury, assault, or sexual assault
- Abuse of a child of the family or household
Important: Threat alone, without physical contact, qualifies as family violence.
Evidence requirements
Evidence supporting application:
- Detailed affidavit. Specific dates, locations, what happened
- Photos. Injuries, property damage, locations
- Medical records. Treatment for injuries
- Police reports. When law enforcement involved
- Communications. Texts, emails, voicemails, social media
- Witness statements. Family, friends, neighbors, professionals
- Prior court orders. Custody, divorce, criminal
- 911 records
- Property damage documentation
- Threatening communications preserved
Standards of proof
| Order Type | Standard |
|---|---|
| Temporary ex parte | "Clear and present danger" — applicant's sworn statements typically sufficient |
| Temporary order | Probable cause; preliminary showing |
| Final protective order | Preponderance of evidence (more likely than not) |
| Civil TRO | Probable injury showing |
Lower standards than criminal cases. Applicant's testimony alone can be sufficient with sufficient detail and credibility.
Non-qualifying situations
- No qualifying relationship. Strangers, casual acquaintances
- Workplace conflicts. Use Title VII or civil tort instead
- Business disputes. Use civil court remedies
- Property disputes. Civil litigation
- One-time non-violent disputes. Family violence requires the §71.004 standard
- Past relationships beyond 2 years. Some former relationships may not qualify
- Truly mutual aggression. Court may find both parties at fault
Alternative remedies for non-qualifying situations:
- Stalking protective order (CCP 7B) — different qualifying conduct
- Sexual assault protective order (CCP 7A)
- Civil court TRO and injunction
- Penal Code §42.07 harassment prosecution
- Title VII workplace claims
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
Who can get a Texas restraining order?
Family violence protective order: anyone in qualifying relationship (spouse/ex-spouse, parents of child together, foster parent/child, family by blood/marriage, current/former household members, dating partners) experiencing family violence. Other order types have different eligibility.
What evidence is needed for Texas restraining order?
Detailed sworn affidavit with specific incidents (dates, locations, what happened). Supporting evidence: photos, medical records, police reports, communications, witness statements, prior orders. Applicant testimony alone can suffice with sufficient detail.
Do I have to be physically hit to get a Texas restraining order?
No — Texas Family Code §71.004 includes "threat that reasonably places another in fear of imminent physical harm." Threats alone qualify as family violence. Physical contact not required, though physical injuries support applications.
Can I get a Texas restraining order against a stranger?
Not through family violence protective order (requires qualifying relationship). Alternatives: stalking protective order (CCP Chapter 7B) when stalking elements met; sexual assault PO (CCP 7A); civil TRO and injunction; criminal harassment prosecution (Penal Code §42.07).
What's the standard of proof for Texas protective order?
Final protective order: preponderance of evidence (more likely than not). Temporary ex parte order: clear and present danger. Lower standards than criminal cases. Applicant testimony alone can be sufficient if credible and detailed.
