Protective Orders in Texas: How to Get One and Stay Safe
Domestic violence can leave victims feeling trapped, scared, and unsure of where to turn. If you or someone you love is experiencing abuse in Texas, a protective order can help keep you safe and provide legal protection.
At Manuel Diaz Law Firm, our domestic violence attorneys in Fort Worth and throughout Texas are here to help you understand your rights and guide you through the legal process with care and confidentiality.
📞 Are you in immediate danger?
Call 911 immediately.
For legal help with a protective order, call Manuel Diaz Law Firm at (866) 981-3854.
Available 24/7 • Free Consultation • Hablamos Español
What Is a Protective Order in Texas?
A protective order (commonly called a restraining order) is a court order designed to protect victims from further abuse. In Texas, a protective order can restrict an abuser’s actions and provide important legal protections.
If the abuser violates the order, they can be arrested and face criminal charges.
Protective orders are available for victims of:
- Family violence
- Dating violence
- Sexual assault
- Stalking
- Human trafficking
A protective order may prohibit the abusive person from:
- Coming near your home, workplace, or school
- Contacting you by phone, text, email, or social media
- Possessing firearms while the order is in effect
- Threatening, harassing, or abusing you
- Approaching your children at school or daycare
Types of Protective Orders in Texas
1. Emergency Protective Order (EPO)
An Emergency Protective Order (EPO) is issued by a magistrate judge after a domestic violence arrest, often the same day.
- Takes effect immediately
- Usually lasts 31–91 days
- Law enforcement may request one even if the victim does not
2. Temporary Ex Parte Protective Order
This order may be requested without the abuser being present.
- Usually lasts up to 20 days
- Can often be issued the same day
- You do not need to confront the abuser
3. Final Protective Order
Issued after a court hearing where both parties have an opportunity to appear.
- Can last up to 2 years
- May last longer in serious cases
- Can become permanent in limited situations
4. Magistrate’s Order for Emergency Protection (MOEP)
A MOEP is issued after an arrest for family violence to protect victims facing continued danger.
How to Get a Protective Order in Texas
- Contact your local courthouse or a family violence legal advocate.
- Complete the application and describe the abuse.
- A judge reviews your application and may issue a Temporary Ex Parte Protective Order.
- The court schedules a hearing, usually within 14–20 days.
- Your attorney presents evidence supporting a Final Protective Order.
What Happens If the Protective Order Is Violated?
Violating a protective order is a criminal offense.
A first violation is generally a Class A misdemeanor, punishable by:
- Up to one year in jail
- Up to a $4,000 fine
A second violation or one involving assault may become a third-degree felony, punishable by:
- 2–10 years in prison
If the order is violated:
- Call 911 immediately.
- Contact your attorney.
- Save texts, emails, photos, call logs, and any other evidence.
Protective Orders and Child Custody
If children are involved, a protective order may include temporary custody and visitation provisions. Courts can restrict or prohibit the abusive parent’s contact with the children to protect their safety.
How Manuel Diaz Law Firm Can Help
Our attorneys help victims throughout:
- Fort Worth
- Dallas
- Denton
- San Antonio
- Mesquite
We provide:
- 24/7 availability
- Free consultations
- Confidential case evaluations
- English and Spanish services
- Experienced legal representation
Frequently Asked Questions
Do I need an attorney to get a protective order?
No. However, having an attorney can improve your chances of obtaining a protective order and ensure it contains all the protections you need.
Will a protective order affect my divorce or custody case?
Yes, it may strengthen your case by documenting abuse and helping protect your rights.
Can undocumented immigrants obtain a protective order?
Yes. Immigration status does not prevent someone from seeking protection under Texas law.
What if the abuser lives with me?
The court may order the abuser to leave the home, even if they are on the lease or mortgage.
Resources for Domestic Violence Victims
- SafeHaven of Tarrant County: 1-877-701-SAFE
- The Family Place: 214-941-1991
- Texas Advocacy Project: 800-777-FIND
- National Domestic Violence Hotline: 1-800-799-SAFE
Contact Manuel Diaz Law Firm Today
Your safety comes first.
If you need help obtaining or enforcing a protective order in Texas, call:
(866) 981-3854
Available 24/7 • Free Consultation • Hablamos Español
Disclaimer: This article is for informational purposes only and is not legal advice. Contact Manuel Diaz Law Firm to discuss your specific situation.
