Learn About Filing a Restraining Order in Texas

Understanding Restraining Orders in Texas

A restraining order in Texas is a court order that restricts one person's contact with, proximity to, or behavior toward another person. The order is issued by a judge and is legally binding. When someone violates a restraining order, they can face criminal charges and penalties including fines and jail time.

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Texas law recognizes several types of restraining orders, each designed for different situations. The most common form is a protective order, which addresses family violence, stalking, or sexual assault. Another type is a civil harassment restraining order for situations that don't involve family relationships or the specific offenses listed above. Understanding which type applies to your situation is an important first step.

The state of Texas defines family violence as an act by a member of a family or household against another member that is intended to result in physical harm, bodily injury, assault, or sexual assault. This includes situations involving spouses, former spouses, parents and children, people who live together or have lived together, and people in dating relationships. In Texas, approximately 1 in 4 women and 1 in 7 men experience severe physical violence by an intimate partner during their lifetime, according to the Centers for Disease Control and Prevention.

A protective order can remain in effect for up to two years from the date the judge signs it. However, either party can request a modification or cancellation before that time period ends. The order becomes effective immediately after the judge signs it, though the other party may not be formally notified right away.

Practical takeaway: Before filing, identify which type of order fits your situation. Family violence protective orders have different requirements than civil harassment orders, and understanding the distinction will make the filing process clearer.

Types of Restraining Orders Available in Texas

Texas offers several categories of protective and restraining orders, each serving distinct purposes. Knowing which type you need prevents filing delays and ensures you're seeking the appropriate legal remedy.

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A protective order for family violence is available if the respondent (the person the order is against) has committed family violence as defined by Texas law. This includes physical abuse, threatening behavior, or patterns of controlling conduct. The person filing, called the petitioner, must have a family or household relationship with the respondent, which includes spouses, former spouses, family members, and people in dating relationships. Texas courts issued 65,729 protective orders in 2022, with the majority being for family violence situations.

A protective order for stalking applies when someone has engaged in conduct that makes you reasonably fear for your safety or the safety of another person. Stalking in Texas means engaging in repeated conduct that includes communicating directly or indirectly, monitoring someone's activities, threatening harm, or engaging in other conduct intended to harass, alarm, or threaten. The conduct must occur on more than one occasion and cause the victim to feel terrorized, frightened, or threatened.

A protective order for sexual assault covers situations where someone has committed sexual assault, attempted sexual assault, or continues to pose a threat to the victim. You do not need a family or household relationship with the person for this type of order. Similarly, a protective order for human trafficking protects people who have been subjected to human trafficking or labor trafficking.

A civil harassment restraining order (also called a civil harassment order) protects against conduct that does not fall into the family violence, stalking, sexual assault, or trafficking categories but still causes you to reasonably fear for your safety. Examples might include repeated threatening messages from a neighbor, unwanted contact from someone you do not have a family relationship with, or threatening behavior from a non-family member. To obtain this type of order, you must show that the person has engaged in conduct that is directed specifically at you and causes you to reasonably fear for your safety or the safety of your family.

Practical takeaway: Write down the specific incidents or behaviors that concern you, then match them against each order type. This clarity helps you select the correct form and strengthens your case when you present it to the court.

Steps to File a Restraining Order in Texas

Filing a restraining order in Texas involves several steps, beginning with obtaining the correct forms and ending with a court hearing. Understanding the process helps you navigate each stage without confusion.

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The first step is to obtain the petition form and temporary restraining order (TRO) form from your district court clerk's office. These forms are available in person at the courthouse, online through your county's website, or through the Texas Court Help Center. You can file without an attorney, though some people choose to consult with one for guidance. Many counties have self-help centers that provide information about the filing process at no cost.

Next, you complete the petition form, which asks for your name, address, and the respondent's identifying information. You must describe in detail the acts or threats that caused you to seek the order. Include specific dates, times, locations, and what was said or done. For example, instead of writing "he threatened me," write "on March 15 at 4 p.m., he sent a text message saying 'I know where you live and I'm coming over.'" The more specific you are, the stronger your case.

You then file your completed petition with the district court clerk. Some counties allow you to file by mail, email, or in person. Filing fees vary by county but typically range from $25 to $50. Many courts waive fees for people with low incomes. Ask the clerk if you qualify for a fee waiver and what documentation you need to provide.

After you file, a judge may issue a temporary restraining order (TRO) the same day or within a few days. A TRO lasts 14 days and does not require the respondent to be notified first. This provides immediate protection while you wait for a full hearing. The clerk will give you a copy, and law enforcement will be notified so they can enforce it.

Within those 14 days, the court schedules a full hearing where both you and the respondent can present evidence. You must serve the respondent with copies of your petition and the TRO, meaning you must ensure they receive official notice. The sheriff's department or a process server can deliver these documents. The respondent then has the opportunity to respond and attend the hearing.

At the hearing, you explain to the judge why you need the order. You can present documents, text messages, emails, police reports, or witness statements. The respondent also gets to speak. The judge decides whether to issue a final protective order that lasts up to two years.

Practical takeaway: Keep a written record of every incident, including dates and what happened. These specific details are essential when you complete your petition form and speak to the judge.

What Information and Evidence You'll Need

Preparing strong evidence strengthens your case significantly. Judges decide whether to grant orders based on the information and evidence you present, so gathering thorough documentation is important.

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Documentation of specific incidents forms the foundation of your case. Write down each incident with the date, time, location, what happened, what was said, and any witnesses who were present. If the respondent sent threatening messages, save those text messages, emails, or social media screenshots. Do not alter or edit these—provide them exactly as they appear. Date any print-outs or screenshots with the date you saved them.

Police reports are valuable evidence. If you called law enforcement about the respondent's conduct, request a copy of the report from the police department. Include the case or report number. Even if police did not make an arrest, the report documents your complaint and creates an official record of the incident.

Medical records or photographs of injuries, if applicable, support claims of physical harm. Hospital or clinic records documenting treatment for injuries the respondent caused strengthen your petition. Photographs should show the date taken and clearly show the injury.

Witness statements carry weight with judges. Ask people who witnessed the threatening or harmful conduct to write a brief statement describing what they saw and heard. Include their contact information. Witnesses might include coworkers, family members, neighbors, or friends who observed incidents.

Documentation of prior court cases involving the respondent is relevant. If the respondent has a history of protective orders filed against them, restraining orders, or criminal charges for violence or threatening behavior, obtain copies of those court documents. They show a pattern of conduct.

Restraining orders or orders of protection from other states or entities demonstrate ongoing threats. If the respondent has had protection orders filed against them elsewhere or has been restrained by their employer, these documents provide context.

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