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

Which Order Do You Actually Need?

Start with the right tool. A protective order protects people from family violence, stalking, or harassment and is enforced by police and criminal penalties. A restraining order in the strict sense is a civil case-management order, commonly used in divorces to stop asset moves and harassment, and enforced by contempt.

If you are in danger, you want the protective order track described below. If you mainly need to freeze bank accounts while a divorce starts, you want a temporary restraining order inside the divorce. Our breakdown of the difference between restraining orders and protective orders covers duration and enforcement in detail, so this guide can stay focused on how to actually get each one.

Step 1: If the Danger Is Immediate, Start With 911

Call 911 first; paperwork comes second. When police arrest someone for family violence, the magistrate can issue an emergency order of protection under Code of Criminal Procedure article 17.292 before the person is released, with no application needed from you.

That magistrate's order is a bridge. It protects you for a limited window and buys time to file the civil protective order application described in the next step.

Step 2: File a Protective Order Application

You file an Application for Protective Order in the county where you live, where the respondent lives, or where the violence occurred, under Texas Family Code Chapter 82. Filing is free for the applicant: §81.002 bars courts from charging a protected person any fee for filing, service, or certified copies.

In Dallas County you have two practical routes: the District Attorney's Protective Order Unit can prepare and present the application at no charge, or a private attorney can file it, which usually moves faster and lets us coordinate it with a divorce or custody case. A domestic violence lawyer in Dallas can also pursue both tracks at once.

Step 3: The Temporary Ex Parte Order

A judge who finds a clear and present danger of family violence can sign a temporary ex parte protective order the day you apply, without the respondent present, under §83.001. It lasts up to 20 days and can be extended.

The ex parte order can exclude the respondent from your home if the statutory requirements are met. Carry a copy with you and give one to your children's school or daycare.

Step 4: The Final Hearing

The court sets a full hearing where both sides appear, and issues a final protective order if it finds family violence occurred and is likely to occur again. The order can bar contact, impose distance zones, remove firearms, and protect children and other household members.

Bring your evidence organized: photos, medical records, police report numbers, threatening texts and voicemails with visible dates, and witnesses who saw injuries or incidents. Hearings are short, so a tight timeline of the worst incidents persuades more than a long unstructured story.

Restraining Orders Inside a Divorce

A temporary restraining order in a divorce issues under Texas Family Code §6.501 and Rule of Civil Procedure 680, typically without notice, and lasts 14 days until the temporary orders hearing. It usually forbids draining accounts, canceling insurance, hiding property, and harassing the other spouse.

If you are starting the divorce process in Texas and fear financial sabotage, ask for the TRO at filing; it takes effect the moment the judge signs.

What We See With Dallas Clients

Two patterns repeat. Survivors wait, hoping the behavior passes, and arrive with months of undocumented incidents; start a dated log today, even if you never file. And respondents violate orders by text message within the first week; every violation is a separate criminal offense, so report each one.

Documented abuse also shapes custody. Judges weighing conservatorship consider any history of violence, and our guide on what makes a parent unfit in Texas explains how protective orders feed into that analysis. For help with the application itself, our Dallas restraining order lawyers handle both tracks in English and Spanish.

Safety Resources

If you are in immediate danger, call 911. The National Domestic Violence Hotline answers 24/7 at 800-799-7233, with Spanish-speaking advocates. In Dallas, the Genesis Women's Shelter crisis line is 214-946-HELP (4357). Use a safe device when researching your options; browser history can be monitored.

Sources

Statutes and rules cited in this article:

1. Texas Family Code, Title 4: Protective Orders and Family Violence
2. Texas Family Code §83.001: Temporary Ex Parte Order
3. Texas Family Code §81.002: No Fee for Applicant
4. Texas Code of Criminal Procedure art. 17.292: Magistrate's Order for Emergency Protection
5. Texas Family Code §6.501: Temporary Restraining Order in Divorce
6. National Domestic Violence Hotline