Protective Orders in Texas

Who qualifies: family violence and dating violence

Under Family Code Section 71.004, family violence means an act by a family or household member intended to cause physical harm, bodily injury, assault, or sexual assault. It also means a threat that reasonably places a family or household member in fear of that. Defensive measures do not count. The definition also covers certain child abuse against a household member's child, or dating violence, as defined separately.

Under Section 82.002, an adult member of the family or household can apply for family violence. For dating violence, an adult member of the dating relationship can apply, and so can a child in that relationship. Any adult can apply on behalf of a child. A prosecuting attorney or the Department of Family and Protective Services can also file on a victim's behalf.

Applying for a temporary ex parte order

Under Section 82.009, an application for a temporary ex parte order under Chapter 83 must describe in detail the facts and circumstances of the alleged family violence. It must also explain the need for immediate protection, and it must be signed under oath. A child's own sworn statement can satisfy this, if it otherwise meets the chapter's requirements. Chapter 83 lets the court grant this kind of order without prior notice to the other party, if it finds a clear and present danger of family violence.

The 14-day hearing rule

Under Section 84.001, the court must set a hearing date once someone files an application for a protective order. Except in certain district courts in specific counties under Section 84.002, that hearing cannot come more than 14 days after the filing date. The applicant can ask for a later date instead. The court cannot delay a hearing just to consolidate it with a later-filed application.

Cost: no fee for the applicant, ever

Under Section 81.002, no one can charge an applicant for a protective order, or their attorney, any fee, cost, or charge. This rule binds court clerks, sheriffs, constables, and other officials handling the filing, service, or entry of a protective order. It covers dismissal, modification, and withdrawal fees, certified copy fees, court reporter fees, judicial fund fees, transfer fees, and more.

Firearms and other required conduct

Under Section 85.022, a final protective order against someone found to have committed family violence can bar that person from possessing a firearm. The only exception applies to a peace officer actively employed as a sworn, full-time officer. The same section lets the court order the restrained person to complete a battering intervention and prevention program accredited under the Code of Criminal Procedure. If no such program is available, an alternative accredited counseling option applies instead. Orders can also address harming or interfering with a protected person's pets, and tracking or monitoring a protected person's property or vehicle without consent.