If you're experiencing family violence, dating violence, or stalking in Texas, you have the right to seek a protective order — and you can do it without an attorney. Texas protective orders are free to file, and courts take emergency applications seriously. This guide explains the process clearly so you know exactly what to do.
If you are in immediate danger, call 911. For safety planning and crisis support, contact the National Domestic Violence Hotline at 1-800-799-7233 (available 24/7).
Protective Order vs. Magistrate's Order of Emergency Protection
These are two different things, and it's important to know the difference:
Magistrate's Order of Emergency Protection (MOEP)
- Issued by a magistrate or judge after someone is arrested for a family violence offense
- The victim does not have to apply — the court issues it automatically or on request
- Typically lasts 31 to 91 days
- Goes into effect immediately upon arrest and booking
Protective Order (under Title 4, Texas Family Code)
- You apply for this yourself at the courthouse
- Does not require an arrest or criminal charge
- Can last up to 2 years (or longer in certain circumstances)
- Enforceable statewide and in all 50 states under federal law
- The focus of this guide
Who Can Apply for a Texas Protective Order?
You may apply for a protective order if you have experienced family violence, dating violence, or stalking and the person who harmed you is:
- A current or former spouse
- A family member or household member (by blood, marriage, or adoption)
- Someone you have a dating relationship with or had one with
- The parent of your child (regardless of relationship status)
Stalking victims can also apply for a protective order even without a family or dating relationship with the stalker.
You do not need to have filed a police report, and you do not need to have visible injuries. Your sworn testimony about what happened is evidence.
Where to File
Protective orders in Texas are filed in either:
- District Court (most common)
- County Court at Law (in counties with these courts)
File in the county where you live, where the respondent lives, or where the family violence occurred — whichever is most convenient or safest for you.
Many counties also have Family Violence Legal Clinics at the courthouse where staff can assist you with the paperwork at no charge. Contact your local district clerk's office to ask.
Required Forms
Texas uses standardized forms maintained by the Office of Court Administration (OCA). As of September 2025, these forms were updated to reflect changes under Senate Bill 48, which expanded protections for stalking victims and clarified definitions of dating violence.
The core documents in the OCA Protective Order Kit include:
- Application for Protective Order — your sworn statement describing the family violence or stalking
- Temporary Ex Parte Protective Order (if seeking emergency relief) — the judge reviews this without the other party present
- Final Protective Order — issued after the full hearing
- Order to Appear — notifies the respondent of the hearing date
- Confidential Information Sheet — keeps your address and personal details off public records
Download the current OCA forms from texascourthelp.gov. Always use the most recent version — outdated forms may be rejected.
Emergency Ex Parte Orders: Getting Immediate Protection
An ex parte order is issued by a judge based only on your application — without the other party being notified or present. The judge grants it if your application shows a clear and present danger of family violence.
How to Get an Ex Parte Order:
- Complete and file your Application for Protective Order with the district clerk
- The clerk presents your application to the judge on duty (often the same day)
- If the judge finds sufficient grounds, they issue a Temporary Ex Parte Protective Order immediately
- The order is effective as soon as it's served on the respondent
The ex parte order is temporary — it's valid until the full hearing, which must be scheduled within 14 days of issuance.
What an ex parte order can do:
- Prohibit the respondent from committing further family violence
- Order the respondent to stay away from your home, workplace, and school
- Grant you temporary possession of the home (if you share one)
- Award temporary custody of your children
The Full Protective Order Hearing
Within 14 days of the ex parte order (or after proper notice if no ex parte order was issued), the court holds a full hearing. Both parties can be present and present evidence.
What to bring to the hearing:
- Any police reports or incident reports
- Photographs of injuries or property damage
- Text messages, voicemails, emails, or social media messages
- Medical records (if applicable)
- Witnesses who can testify about the violence or threats
If the respondent does not appear after being properly served, the judge can issue a default protective order in your favor.
If the judge grants the order:
- The Final Protective Order is issued and served on the respondent
- It can last up to 2 years (standard)
- Courts can issue longer orders — up to lifetime duration — in cases involving serious bodily injury, sexual assault, or prior protective order violations
Service of Process
The respondent must be served with the Application and the Order to Appear before the hearing. The court typically handles service through the sheriff or constable. You don't need to arrange this yourself — the clerk's office will instruct you.
Filing Fees
Protective orders are free to file in Texas. There is no filing fee for an Application for Protective Order. If the respondent is found to have committed family violence, the court can order them to pay court costs.
After the Order Is Granted
- Keep a certified copy of the order with you at all times
- Provide copies to your children's school, your employer, and local law enforcement
- If the respondent violates the order, call 911 immediately — violation of a protective order is a criminal offense in Texas (Class A misdemeanor to felony depending on circumstances)
- The order is enforceable nationwide under federal law (Violence Against Women Act)
Safety Planning Resources
A protective order is one tool — safety planning is just as important. These resources are free and confidential:
- National Domestic Violence Hotline: 1-800-799-7233 | thehotline.org
- Texas Council on Family Violence: tcfv.org — find local shelters and legal advocates
- Texas Advocacy Project: texasadvocacyproject.org — free legal help for survivors
- 211 Texas: Dial 2-1-1 for local shelter and service referrals
Ready to Get Your Texas Protective Order Forms Prepared?
The application must be detailed, accurate, and complete to get emergency relief the same day you file. Our Texas Protective Order Form Kit prepares your Application, Confidential Information Sheet, and supporting documents using the current OCA forms updated for SB 48 — ready to file the day you go to court.
View Our Texas Protective Order Form Kit at /products (Texas packages coming soon — join the waitlist)
Important Disclaimer
Pro Se Document Preparation is not a law firm and does not provide legal advice. For legal advice, contact a licensed Texas attorney or the State Bar of Texas Lawyer Referral Service at 1-800-252-9690.
The information in this article is for general educational purposes about Texas court procedures only. It is not legal advice. If you are in danger, contact law enforcement or a domestic violence advocate immediately. Every situation is different — consult a licensed Texas attorney for advice about your specific case.