If you’re feeling unsafe or threatened, Texas law provides a way to protect yourself through something called a protective order. These are legal documents issued by a court that set clear boundaries to prevent further harm or harassment. Most people think of domestic violence when they hear “protective order,” but they actually cover many different types of situations.
What are protective orders
A protective order is a legal tool designed to keep someone from threatening, harassing, or harming you. It can:
- Order someone to stay away from your home, work or school
- Ban contact through phone, text, email or social media
- Remove someone from your home (in some cases)
Violating a protective order has serious consequences, including arrest.
Types of protective orders
Texas law establishes several categories of protective orders that you should know about, each addressing specific circumstances:
- Family violence protective orders: Apply to household members, family members, or those in dating relationships
- Sexual assault protective orders: Available regardless of relationship between parties
- Stalking protective orders: Address repeated harassing behaviors causing reasonable fear
- Trafficking protective orders: Protect survivors of human trafficking
- Dating violence protective orders: Specifically cover current or former dating relationships
Protective orders provide boundaries against various threats– from family violence to stalking– with enforceable consequences for violations, offering you essential protection when facing dangerous situations in Texas.
Applying for a protective order
To apply, you’ll need to show that you’re being threatened or your life is at risk. Helpful evidence includes:
- Police reports or 911 call logs
- Medical records or photos of injuries
- Threatening texts, emails, or social media messages
- Witness statements
- Your personal testimony
Protective orders typically last up to two years but can be extended in some cases. If there’s an immediate danger, the court can issue a temporary emergency protective order, often the same day.
The standard protective order in Texas remains effective for two years, though courts may extend this period when your circumstances warrant. Emergency protective orders, often issued following arrests for violent incidents, provide temporary protection until your formal hearing occurs.
You can find application assistance through your county district attorney’s victim services division. Legal aid organizations and advocacy groups provide additional support as you navigate these complex procedures.
Common reasons for protective orders
There are various reasons why you could be filing for a protective order. Here are some of the more common ones:
Family violence
Family violence constitutes the predominant reason you might seek a protective order in Texas. State law defines family violence as acts by household or family members that cause physical harm, bodily injury, assault, sexual assault, or credible threats creating reasonable fear of imminent harm.
The Texas Department of Public Safety consistently reports over 200,000 family violence incidents annually, highlighting how prevalent this issue is. These statistics reflect only reported cases, suggesting the actual number may be substantially higher than what you see in official reports.
Dating violence
If you experience abuse in a dating relationship, dating violence protections extend the concept of family violence to your current or former dating partners. These orders address the reality that significant abuse occurs outside traditional household relationships, recognizing that you may require similar legal protections even without living together.
Sexual assault and abuse
If you’ve experienced sexual assault, you can obtain protective orders regardless of your relationship to the perpetrator. Texas law acknowledges your unique protection needs following sexual trauma, allowing courts to intervene even when traditional family or dating relationships do not exist between parties.
These orders provide you critical space for recovery while establishing clear legal boundaries against further contact or intimidation.
Stalking
If someone repeatedly follows, contacts, or monitors you in ways that cause reasonable fear, you may seek a stalking protective order. Texas law defines stalking as repeated behavior directed at you that causes reasonable fear for your personal safety or the safety of your immediate family members.
Modern stalking often incorporates technology, utilizing social media platforms, location tracking applications, and electronic communications to harass you. Protective orders explicitly prohibit these behaviors, creating legal consequences for both digital and physical stalking activities you might experience.
Child abuse
If your child faces abuse, you can file protective order applications as a non-abusive parent or guardian. These orders can remove alleged abusers from your home and establish temporary custody arrangements prioritizing your child’s safety while investigations proceed.
When you present such cases, Texas courts apply the “best interest of the child” standard, examining physical safety, emotional well-being, and stability needs when making determinations about your situation.
Human trafficking
If you’ve survived human trafficking, you can utilize protective orders after escaping exploitation situations. These legal protections prevent traffickers from locating or contacting you during recovery periods and investigation phases.
The specialized trafficking protective order acknowledges the extreme power imbalances and control mechanisms employed against you, providing tailored protections addressing your unique circumstances.
Elder abuse
If you’re a senior facing exploitation or abuse from caregivers or family members, protective orders offer intervention while preserving your independence. Adult Protective Services investigations frequently recommend these orders when identifying elder abuse situations in your life.
Elder abuse protective orders often address financial exploitation alongside physical or emotional mistreatment you might experience, recognizing the multifaceted nature of elder victimization.
Protective orders can protect you from individuals who could put you at risk. However, if you’re unsure about whether you need to file one for your specific circumstance, consider reaching out to a legal professional for advice.
Limitations and effectiveness
While protective orders can be a powerful step toward protecting yourself, it’s important to know that they aren’t foolproof. A court order sets clear boundaries and lays out consequences if those boundaries are crossed– but for it to work, it has to be properly delivered, documented and enforced. That’s not always immediate or perfect.
That’s why it’s so important to think beyond just the legal paperwork. A protective order works best when it’s part of a bigger safety plan—one that might include changing your locks, adjusting your routines, protecting your online privacy or leaning on trusted friends, family, or support services.
Even with their limits, protective orders matter. They give your safety concerns the legal recognition they deserve and can be the first step in breaking away from fear, harm or control. You’re not alone, and you don’t have to face it without support.
As you face threatening circumstances in Texas, understanding these legal protections and their applications provides essential knowledge for dealing with challenging situations with the full support of our state’s legal system.