Restraining Order Texas — Filing Requirements and Costs
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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
Filing fees by order type
| Order Type | Filing Fee | Service Fee |
|---|---|---|
| Family violence protective order | $0 (waived under Texas Family Code §81.001) | $0 (waived) |
| Stalking protective order | $0 (waivable) | $0 (waivable) |
| Sexual assault protective order | $0 (waivable) | $0 (waivable) |
| Civil TRO (divorce context) | Part of divorce filing fee $250-$400 | $50-$150 |
| Civil TRO (standalone) | $250-$400 typical | $50-$150 |
| Modification | $0-$50 typical | $50-$150 sometimes |
Documentation requirements
- Application form. Sworn application; Texas Family Code §82.001 for family violence
- Affidavit detailing incidents. Specific dates, locations, what happened
- Identifying information. Both parties
- Family Violence Information Questionnaire. Required form
- Children information. If applicable
- Evidence supporting application. Photos, police reports, medical records, communications, witness statements
- Indigent affidavit. If seeking fee waiver
Where and how to file
- Identify proper county. Applicant residence, respondent residence, or where violence occurred
- District clerk's office. Typical filing location; some counties use county clerk
- Bring required documents. Application, affidavit, supporting evidence
- Pay filing fees if applicable
- Receive case number and hearing date
- Sometimes immediate judicial review. For emergency relief
- Service arrangement. Sheriff or constable
Self-help filing resources
- TexasLawHelp.org. Self-help legal forms and information
- Texas Council on Family Violence. Statewide resources and referrals
- Local family violence centers. Filing assistance often
- Court self-help centers. Some counties
- Free legal aid organizations. Income-eligible
- District attorneys. Sometimes prosecute family violence applications
- Online filing. Some counties offer for certain order types
Common filing errors
- Incomplete identifying information
- Insufficient detail in affidavit
- Wrong county selected
- Missing required forms
- Failure to identify children involved
- Inadequate evidence attached
- Wrong respondent information
- Missing notarization
- Procedural errors in self-help filings
- Missing fee waiver paperwork when needed
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 much does a Texas restraining order cost?
Family violence protective orders: FREE for applicants — filing and service fees waived under Texas Family Code §81.001. Stalking/sexual assault POs typically free. Civil TROs: $250-$400 filing plus $50-$150 service. Indigent waivers available for civil TROs.
Where do I file a Texas restraining order?
County where applicant resides, respondent resides, or family violence occurred. District clerk's office typical (some counties use county clerk). Multiple incident locations allow strategic county selection.
What documents are required to file Texas restraining order?
Application form (Texas Family Code §82.001), sworn affidavit detailing incidents, Family Violence Information Questionnaire, identifying information for both parties, Children Information Form if applicable, supporting evidence, indigent affidavit if seeking fee waiver.
Can I file a Texas restraining order for free?
Yes for family violence — all fees waived for applicants under Texas Family Code §81.001. Stalking and sexual assault POs also free typically. Family violence advocates help with filing free. District attorneys sometimes prosecute on applicant's behalf.
How long does Texas restraining order filing take?
Filing itself: 1-2 hours typically. Judge review same day for emergency relief. Temporary ex parte order possible same-day in many cases. Full hearing scheduled within 14-20 days. Final order issued at hearing if granted.
