Protective Order Fact Sheet

If you have been a victim of family violence, sexual assault, stalking, human trafficking or a home burglary where the burglar intended to commit a felony, theft, or assault, you can apply for a court order to keep your offender away from you. This order is called a Protective Order (“PO”).

A PO orders an abuser:

• Not to hurt, threaten, or harass you or your children, either directly or through another person;
• To stay away from you, your family, your home, workplace, and children’s daycare or school;
• Not to carry a gun, even with a license; and
• Tracking or monitoring your personal property or car, or a member of your family or household, by using a tracking device or physically following you directly or through another person.

The judge can also:

• Order the separation of your cell phone (and the cell phone used by a child in your custody) if your cell phone is under or connected to the abuser's account;
• Order payment of child support and medical support;
• Set terms and conditions for visitation with the children;
• Order the abuser to attend anger management classes;
• Order drug testing;
• Order the abuser to attend a substance abuse treatment program; and
• Order the abuser out of the home (known as a kick-out order).

Texas Code of Criminal Procedure 7B.005.

Effective September 1, 2025, people who are victims of a home burglary where the burglar intended to commit a felony, theft, or assault can apply for a protective order under Texas law (Article 7B.001(a)(2) of the Texas Code of Criminal Procedure).

There are several ways to apply:

• Contact your local county or district attorney’s office (Directory of Texas District Attorney Offices);
• Contact your local family violence shelter. Call 800-799-SAFE (7233) to find the nearest one;
• Contact your local legal aid office;
• Hire a private attorney;
• Use the do-it-yourself Protective Order Kit. Trying to get a protective order without an attorney should be your last resort.

You can file the application:

• In the county where you live;
• In the county where the abuser lives; or
• in the county where the incident of violence occurred.

The parties may agree in writing to a protective order, but it must be approved by the court.

For help call Texas Advocacy Project's Legal Line: 800-374-HOPE (4673). Use can also use our Legal Help Directory to locate resources in your area.

If the abuser does not agree, the court will schedule a hearing. At the hearing:

• You (the applicant) can tell the judge what happened and why you need protection.
• You may present evidence such as photos, messages, police reports, and witnesses.
• The abuser (the respondent) can respond and present their evidence.

During this hearing, you can ask for safety accommodations, such as:

• Waiting in a separate room
• Having an advocate with you
• Testifying by video if permitted

After the hearing, the judge will decide whether to grant the protective order and for how long. Also, if the abuser does not show up for the hearing, the judge can still grant the protective order by default.

What you need to prove depends on why you are asking for a protective order. You can ask for a protective order if you have experienced family violence, sexual assault, stalking, human trafficking, or a home burglary where the burglar meant to commit a serious crime, theft, or assault. You will need to give the court evidence that supports the reason you are asking for protection.

Some considerations:

• Family violence includes any intimate partner violence, including dating violence and violence between same-sex partners.
• A specific relationship with the abuser is not required for sexual assault, stalking, and human trafficking protective orders.
• Call the police when an incident occurs. If you have made reports before, it is more likely that a PO will be granted.
• Don’t delay in applying for a protective order. Apply right after the incident. Waiting will reduce your chances of getting a PO because the threat of immediate danger has passed.
• Document incidents of abuse. Photograph injuries and save threatening voice messages, texts, and emails. The more details you provide, the more likely you are to get a PO.

A full protective order hearing usually takes place within about two weeks if the abuser is served with notice quickly. You may be able to get a temporary protective order the same day you apply. This is called a temporary ex parte protective order. It is a short-term order that protects you right away until the full hearing. The judge can issue it without the abuser being in court, but only if the judge believes the abuser is an immediate and serious danger to you or your family. If granted, the order usually lasts up to 20 days and can be extended if needed.

It depends on the type of abuse (stalking, dating violence, sexual assault, family violence, burglary); the seriousness of the harm, if children were present, if an arrest was made, past violence, the likelihood of future violence, and other factors.

Protective orders for family violence usually last two years, but can be for any duration, including for life. Sexual assault and stalking protective orders can last for life.

If the abuser violates a protective order, he or she can be arrested and charged with a crime. Multiple violations can result in felony charges.