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Quick Answer
If you or your children are in danger, Texas offers protective orders (restraining orders) to provide legal safety. Texas offers both protective orders and temporary ex parte orders. A temporary order can be issued without the abuser present and typically lasts up to 20 days until a full hearing. Your safety always comes first.
Understanding protective orders & safety in Texas is one of the most important steps in your divorce preparation. This guide covers what Texas law requires, what to expect, and how to prepare — in plain language, not legalese.
Section · 01
Texas offers Protective Orders (lasting up to 2 years, with extensions possible) and Temporary Ex Parte Protective Orders (issued without the abuser present, lasting up to 20 days until a full hearing). A protective order can include provisions prohibiting contact, requiring the abuser to stay away from your home, school, or workplace, and establishing temporary custody.
Section · 02
To get a protective order in Texas: file an application with the District Court in your county. You can request a temporary ex parte order, which a judge can grant the same day without the other party present. A hearing for a final protective order is set within 14 days. You do not need an attorney to file, and there are no filing fees for domestic violence protective orders in Texas.
Section · 03
A protective order can significantly affect your divorce proceedings. In Texas, a protective order or a finding of family violence affects custody determinations, can waive the 60-day waiting period for divorce, and may impact property division. Courts must consider family violence when determining conservatorship. Document all incidents thoroughly — DIVORSAY's Evidence Vault provides a secure, timestamped record.
Section · 04
Your safety is the most important priority. If you are in immediate danger, call 911. Additional resources include: the National Domestic Violence Hotline at 1-800-799-7233 (available 24/7), the Crisis Text Line (text HOME to 741741), and the Texas Council on Family Violence (tcfv.org). Develop a safety plan that includes: a safe place to go, important documents stored securely (Evidence Vault can help), an emergency bag packed, and trusted people who know your situation. You don't have to navigate this alone.
What Makes Texas Different
Texas protective orders can be issued for up to 2 years (or longer with a finding of sexual assault or trafficking). Violation is a criminal offense that can result in arrest without a warrant.
FAQ
A Temporary Ex Parte Protective Order can be issued the same day you file, without the other party present. It typically lasts up to 20 days, until a full hearing is held. Your safety should never wait.
No. You can file for a protective order without an attorney, and there are no filing fees for domestic violence orders in Texas. Texas courts have victim assistance coordinators who can help you with the application. Many counties also have family violence legal clinics that provide free representation. While an attorney isn't required, having legal support can help ensure the order is as comprehensive as possible.
A Texas protective order can prohibit the abuser from: committing further violence; communicating threats; going near your home, workplace, or child's school; possessing firearms; and can establish temporary custody and support provisions.
Yes. Texas courts must consider family violence when determining conservatorship. A finding of family violence creates a presumption against appointing the violent parent as a joint managing conservator. Documenting incidents in Evidence Vault creates a clear record for custody proceedings.
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See how this topic works in other community-property states.
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Notice
This is legal information, not legal advice. We’re here to help you understand your landscape — but for guidance specific to your situation, talk to a family law attorney in Texas. You deserve someone in your corner.