Understanding Protective Orders in Texas

Protective Order in Texas

If you’ve found yourself in a situation where you’re researching protective orders in Texas, we’re here for you. Understandably, you’re feeling anxious, nervous, and a little out of control. Whether you’re seeking to understand protective orders in Texas for yourself or someone you care about, you need answers. And you need them now. We’ve got your back. 

Protective orders in Texas

Protective orders have various, wide-ranging legal effects well beyond simply ordering someone to stay away from you. In the state of Texas, a protective order (“PO”) can keep an abuser away from you, but there are a number of different protective orders depending on the circumstances. 

You can apply for a protective order if you have been the victim of: violence, stalking, sexual abuse, domestic abuse, dating violence, and human trafficking.

What does a protective order do?

If a Texas judge determines that family violence or dating violence has occurred and is likely to occur again in the future, a civil court order, such as a protective order, restraining order, or order of protection, will be issued.

A protective order orders an abuser not to hurt, threaten or harass you or your children. This includes direct threats and harm and indirect threats. Essentially, they cannot harm, harass or threaten you themselves or have someone else do it.

The order also indicates that the abuser must stay away from you, your home, your family, your workplace, and your children’s school or daycare.

If a protective order is in place in Texas, the abuser cannot carry a gun, even if they have a license to do so.

Additionally, a judge can also order:

  • the separation of any cell phones used by you or any children in your custody if those phones are connected to the abuser’s account.

  • the offender out of the home.

  • drug testing for the abuser

  • the abuser to attend anger management classes

The judge may also set terms and conditions for children and/or order the abuser to attend  substance abuse treatment program.

How to get a Texas protective order 

To get a protective order in Texas, you, an adult family member, an adult on behalf of a child, the Texas Department of Human and Regulatory Services or a prosecuting attorney will need  to file a request for a protective order.

If the process feels overwhelming to you, we’d recommend contacting a Texas family law attorney.