How to File a Restraining Order in Texas: A Step-by-Step Guide

Are you living in fear? Experiencing harassment, threats, or even violence? In Texas, you don’t have to suffer in silence. The legal system provides protective orders, commonly known as restraining orders, designed to keep you and your loved ones safe from harm. These orders can create a legal barrier between you and an abuser, preventing them from contacting you, coming near your home or workplace, or possessing firearms. Understanding the process of obtaining a protective order is crucial for anyone facing such threats, providing a pathway to safety and peace of mind.

Navigating the legal system can feel overwhelming, especially when you’re already dealing with a stressful and potentially dangerous situation. Knowing your rights and understanding the steps involved in filing for a protective order is paramount. This guide will walk you through the process, clarifying the eligibility requirements, the necessary documentation, and the court procedures involved. We aim to empower you with the knowledge you need to take control of your safety and seek the legal protection you deserve.

What are the steps to filing a restraining order in Texas?

What evidence is needed to get a Texas restraining order?

To obtain a Texas restraining order, you generally need to present credible evidence demonstrating that family violence has occurred and is likely to occur again. This evidence must convince the court that there is an immediate and present danger to you or a member of your family, necessitating the protective measures of a restraining order.

The type of evidence considered can vary, but typically includes personal testimony, police reports, medical records, photographs, videos, emails, text messages, and witness statements. Personal testimony is often the cornerstone of your case, where you describe the specific instances of abuse, threats, or violence you have experienced. Police reports documenting incidents, medical records detailing injuries, and photographic or video evidence illustrating the abuse can significantly strengthen your claim. Communications such as threatening emails or text messages can also provide direct proof of harmful intent. The more compelling and concrete your evidence, the better your chances of securing a restraining order. Remember, hearsay evidence (statements made outside of court offered as proof) might not be admissible, so focusing on direct evidence is critical. Furthermore, it’s crucial to demonstrate a clear connection between the past acts of violence and the imminent threat of future harm. Without sufficient evidence to convince the judge of this ongoing danger, your request for a restraining order may be denied.

How much does it cost to file for a restraining order in Texas?

Generally, there is a filing fee associated with petitioning for a Protective Order (which is the most common type of restraining order in Texas addressing family violence). This fee varies by county but typically ranges from $200 to $300. However, if you are the victim of family violence and can’t afford to pay, you can apply for a waiver of court costs. If approved, you won’t have to pay the filing fee or other court-related expenses.

The filing fee covers the court’s administrative costs of processing your petition. It’s important to contact the specific court in the county where you plan to file to confirm the exact fee amount and acceptable payment methods. Many courts offer online payment options or accept payments in person via cash, check, or money order.

Keep in mind that the filing fee is only one potential cost. You may also incur expenses for serving the respondent (the person you’re seeking the order against) with the necessary legal documents. This service can often be performed by a constable or a private process server, each with their own associated fees. Though an attorney is not required to obtain a Protective Order, legal representation can greatly improve your chances of success. Attorney fees will vary widely based on experience, location, and the complexity of the case.

Where do I file for a protective order in Texas?

You file for a Protective Order in Texas with the district court or county court in the county where the applicant (the person seeking the order) resides, or where the respondent (the person against whom the order is sought) resides. If the applicant has left their residence to avoid further family violence, they may also file in the county where the family violence occurred.

Choosing the correct county to file in is crucial. Filing in the wrong county could lead to delays or even the dismissal of your case. It is generally recommended to file in the county where you currently reside. However, if you have recently moved due to the abuse and fear returning, the county where the abuse occurred offers a safer option. The court clerk’s office in any of these counties can provide information about their specific procedures and requirements for filing.

It’s important to gather any evidence that supports your need for a protective order, such as police reports, medical records, photos, and witness statements. This evidence will strengthen your case. While you can file for a protective order yourself, the process can be complex, and consulting with an attorney who specializes in family law and protective orders is highly recommended. An attorney can help you navigate the legal procedures, prepare your case effectively, and represent you in court.

What’s the difference between a restraining order and a protective order in Texas?

In Texas, a restraining order is a temporary order issued by a court to maintain the status quo while a lawsuit is pending, while a protective order is a longer-term order designed to protect a person from family violence. A key distinction is that a protective order requires a finding of family violence and carries criminal penalties for violations, whereas a restraining order can be issued in a variety of civil cases and violations are generally addressed through contempt of court.

Restraining orders are generally short-term and are often used in divorce, custody, or other civil cases to prevent parties from taking certain actions, like selling assets or removing children from the state, until a hearing can be held. They are issued “ex parte,” meaning without prior notice to the other party, based on a sworn statement (affidavit) showing immediate and irreparable harm if the order is not granted. The purpose is to preserve the current situation until the court can fully hear both sides of the story.

Protective orders, on the other hand, are specifically designed to protect individuals from family violence. They require a court hearing where the alleged abuser has the opportunity to present a defense. If the court finds that family violence has occurred, the protective order can last for up to two years. A violation of a protective order in Texas is a criminal offense, punishable by arrest and jail time. Protective orders can specify a range of prohibited actions, including contacting the protected person, coming within a certain distance of their home or workplace, and possessing a firearm.

How long does a Texas restraining order typically last?

A Temporary Restraining Order (TRO) in Texas is short-term, generally lasting no more than 14 days, although a judge can extend it for another 14 days if good cause is shown. It’s designed to provide immediate protection until a hearing can be held for a more permanent Protective Order.

TROs are issued *ex parte*, meaning only the person seeking the order is present when it’s granted. Because the other party doesn’t have a chance to respond, the law limits the duration of the TRO to ensure fairness. The primary purpose of the TRO is to maintain the status quo and prevent further harm until a full hearing can take place where both sides can present their case. After the TRO is issued, the court will schedule a hearing for a Protective Order. If, after the hearing, the judge finds sufficient evidence of family violence or other qualifying circumstances, they can issue a Protective Order. These Protective Orders are far more durable, typically lasting for two years. Violating either a TRO or a Protective Order can result in criminal charges, so understanding their specific terms and expiration dates is critical.

Can I get a restraining order against someone I’m not related to in Texas?

Yes, in Texas, you can pursue a protective order against someone you are not related to if you can demonstrate that they have committed family violence against you or have threatened to do so. The legal requirements and the process are slightly different compared to protective orders involving family or domestic relationships, focusing on establishing a pattern of harassment or abuse.

Protective orders against non-family members generally fall under the category of civil protective orders for stalking or other forms of harassment. To obtain such an order, you must present evidence to the court demonstrating a clear and present danger of continued violence or harassment. This evidence can include, but isn’t limited to, documented instances of threats, stalking behavior, physical assault, or credible fear for your safety. The court will consider factors like the frequency and severity of the conduct, the credibility of the evidence, and the potential for future harm. The process involves filing an application for a protective order with the appropriate court in the county where you reside. You’ll need to detail the specific incidents of abuse or harassment, including dates, times, and descriptions of what occurred. After filing, you must arrange for the respondent (the person you’re seeking the order against) to be officially served with a copy of the application and a notice of the court hearing. At the hearing, you will present your evidence, and the respondent will have the opportunity to present their defense. If the court finds sufficient evidence of family violence or stalking, it can issue a protective order that prohibits the respondent from contacting you, coming near your home or workplace, or engaging in other specified actions. Violations of a protective order are criminal offenses in Texas.

Filing a restraining order can feel overwhelming, but hopefully, this guide has made the process a little clearer. Remember to prioritize your safety and seek professional legal advice whenever possible. Thanks for reading, and please come back if you have any other legal questions – we’re here to help guide you through it.