How To Get A Restraining Order In Texas

In Texas, a restraining order is commonly known as a protective order when it involves personal safety. A protective order is a court-issued directive that restricts one person from contacting or approaching another, usually due to concerns of threats, harassment, or violence.

Protective orders are most often used in cases involving domestic violence, stalking, sexual assault, or ongoing family conflict. Legal authority for these orders is found in two main statutes:

• Texas Family Code, Title 4, which governs protective orders in family violence and dating violence cases.
• Texas Code of Criminal Procedure, Chapter 7B, which applies to cases involving stalking, sexual assault, trafficking, and similar offenses.

Texas also recognizes and enforces protective orders issued in other states through the Uniform Interstate Enforcement of Protective Orders Act (Tex. Fam. Code ch. 88). This interstate protection is further strengthened by the federal Violence Against Women Act (VAWA), which requires nationwide enforcement of all valid protective orders, particularly to protect victims of gender-based violence.

Protective orders, once issued, become part of Texas civil court records, where individuals needing information about a protective order can access them.

Types Of Restraining Orders in Texas

Texas has three types of protective or restraining orders, each issued under different circumstances, depending on the threat or harm involved. They include:

• Temporary Ex Parte Protective Orders (TRO):
  These are short-term orders issued without prior notice to the respondent when the court believes the applicant is in immediate danger. They serve as an interim measure until a full hearing can be held for a final order.
• Magistrate's Order for Emergency Protection (MOEP):
  These are issued by criminal magistrates following arrests involving family violence, sexual assault, or stalking. These orders offer crucial protection during the critical post-arrest period.
• Final Protective Orders:
  These are long-term orders issued after a formal court hearing with both parties (applicant and respondent) present. They often include terms such as no-contact provisions and distance restrictions and may address child custody arrangements.

Are Restraining Orders Public Record In Texas?

Yes. A restraining order (including temporary and permanent orders) issued in Texas is public information. Restraining orders are court documents and are accessible in accordance with court rules and case law.

However, records of protective orders may be exempt from public disclosure in cases where minors are involved or when victim safety and confidentiality are at risk. Courts may also limit public access when the order involves sensitive matters like sexual assault, stalking, or trafficking, particularly if disclosure could endanger the protected party.

How To Look Up Restraining Orders In Texas

Researchers can look up a restraining order in Texas using the following options:

• Visiting the courthouse where the order was issued
• Searching the county courts' online case management databases
• Searching third-party websites

Can You Look Up A Restraining Order Online?

Yes, restraining orders can be reviewed online in Texas, but the state does not maintain a centralized database for all court records. Instead, individuals must perform searches at the county level, where the order was issued.

County-level online portals that provide digital access to restraining orders include:

• Harris County District Court's Records Portal Search
• Travis County Court Records Search Portal
• Bexar County Civil Court Record Search Portal

These portals typically allow visitors to search by name or case number. However, they only provide access to records within their respective counties.

For those seeking a statewide search, third-party public record platforms may be a suitable option. These platforms usually have statewide records, but they may require a fee to search and access them.

How To File A Restraining Order In Texas

There are basic steps that individuals who want to obtain a restraining order in Texas can take to file for one. An application may be filed in the county where the applicant or respondent is a resident or where the incident occurred.

Firstly, an applicant will need to determine the appropriate type of restriction for their situation, either a TRO or a permanent protective order. Once identified, the next step is to complete the necessary standardized protective order form and submit it to the local court.

After the form has been submitted, the court will assign a hearing date when a judge will review the petition. The urgency and severity of the situation may influence how quickly the hearing is set. If the applicant believes they are in immediate danger, they may also request a Temporary Ex Parte Protective Order on the same day of filing to provide short-term protection until the hearing.

Finally, the court arranges for a law enforcement officer to serve the process, which includes delivering the petition, hearing notice, and any temporary order to the respondent. This affords the respondent the opportunity to appear in court for the hearing.

Can You File A Restraining Order For No Reason In Texas?

No. Individuals cannot file a restraining order without a valid reason. Under Tex. Fam. Code § 85.001 and Tex. Code Crim. Proc. art. 7B.003, the court must establish reasonable grounds from a protective order application before issuing the order. This means an applicant must provide credible evidence to prove they are a victim of one or more qualifying offenses.

What Proof Do You Need For A Restraining Order In Texas?

Because the court requires reasonable grounds to issue a protective order, petitioners must provide credible evidence to support their claims. The following are common types of evidence that can be used in a protective order case:

• Police reports showing incidents of violence, threats, or harassment
• Digital communications, such as threatening text messages, emails, or social media posts
• Physical evidence, including written notes, voicemails, or audio/video recordings
• Medical records and photographs that substantiate injuries from abuse
• Sworn witness statements from individuals who observed the abusive behavior

While a single form of evidence may be sufficient, presenting multiple sources of proof can significantly increase the likelihood of the court granting the petition. Corroborating evidence helps establish the credibility and seriousness of the case.

How Long Does It Take To Get A Restraining Order In Texas?

The timeline for obtaining a protective order in Texas depends on the type of order requested and the situation's urgency. Individuals who demonstrate an immediate danger can request a Temporary Ex Parte Protective Order, which may be granted the same day, usually without informing the respondent.

After issuing a Temporary Ex Parte Order, the court will fix a hearing to determine whether a final protective order needs to be issued. This date is usually set within 14 days, not exceeding 20 days after the judge signs the temporary order. If the respondent has not been served by the initial hearing date, and an extension of the temporary order is needed, the court will set a new hearing within 14 days. If the respondent has been served, the next hearing can be rescheduled within 20 days.

The exact time it takes to obtain a final protective order depends on court proceedings, but it may be determined between two and three weeks.

How Long Does A Restraining Order Last In Texas?

A restraining order in Texas can last anywhere from 20 days to over two years, depending on the type of order issued:

• A Magistrate's Order for Emergency Protection (MOEP) typically lasts between 31 and 61 days if issued at the court's discretion or made mandatory due to serious bodily injury. If the order is required because a deadly weapon was used, it may last up to 91 days.
• A Temporary Ex Parte Protective Order generally remains in effect for no more than 20 days, unless extended. Extensions are permitted for no longer than 14 additional days.
• Final Protective Orders, issued after a full court hearing, may last up to two years. However, in cases involving aggravating factors, such as serious harm, multiple violations, or weapons use, the court may issue an order that extends beyond two years.

A protected party may file a motion for renewal or extension before a final order expires. The court will consider the request and determine whether continued protection is warranted based on the circumstances.

How Much Does A Restraining Order Cost in Texas?

It generally costs nothing to the applicant. Under Tex. Fam. Code § 81.002, an individual applying for a protective order is relieved of all fees related to the application. This includes costs associated with filing, serving, or issuing the order and any other enforcement-related actions. If the court grants the protective order, the judge may require the respondent to reimburse all court costs and associated legal fees, including those incurred by the District Attorney's Office. This financial protection ensures victims can access legal remedies as needed, regardless of their financial status or economic situation.

Can You Cancel A Restraining Order In Texas?

Yes. A restraining order in Texas can be canceled or changed, but only with court approval. Either party (petitioner or respondent) may request these changes by filing a motion with the court. However, under Tex. Fam. Code § 87.001, the court must independently review the request, regardless of whether both parties agree to the modification or dismissal.

The judge may schedule a formal hearing to evaluate the motion, allowing both sides to present evidence. The court will determine whether the circumstances that justified the original order still exist and whether modifying or canceling the order would compromise the safety of the protected party. If the court finds that the safety threat has dissipated, it may approve any changes or terminate the protective order.