If you or someone you love is in a dangerous situation at home, a protective order may be the most important legal step you can take. In Texas, protective orders are powerful legal tools designed to protect victims of family violence, sexual assault, stalking, and trafficking. Yet many people in Dallas and across the DFW area do not know how to obtain one, what it covers, or how quickly it can go into effect.
At Frankfurt Law Firm in Dallas, we regularly help individuals and families navigate the protective order process. This guide walks you through everything you need to know.
What Is a Protective Order in Texas?
A protective order — often called a restraining order in everyday language — is a court-issued directive that legally prohibits a person from contacting, approaching, or harassing someone they have abused or threatened. In Texas, protective orders are governed by the Texas Family Code and the Texas Code of Criminal Procedure.
The order can prohibit the abusive party from:
- Coming within a specified distance of your home, workplace, or school
- Contacting you directly or through third parties (including by phone, text, or social media)
- Possessing a firearm
- Threatening, harassing, or stalking you or your children
A protective order is not simply a piece of paper. Violating a protective order in Texas is a criminal offense that can result in up to one year in jail and a $4,000 fine for a Class A misdemeanor — and a felony charge if the respondent commits another assault while the order is in place.
Types of Protective Orders in Texas
Not all protective orders are the same. Texas law provides several types depending on the urgency and circumstances of your situation:
Emergency Protective Order (EPO)
An Emergency Protective Order is issued by a judge or magistrate at the time of an arrest for family violence. It goes into effect immediately — no hearing required — and typically lasts 31 to 91 days. Law enforcement can request an EPO on your behalf even if you are not present. If your abuser was arrested, ask the officer about requesting an EPO before they are released.
Temporary Ex Parte Protective Order
If you need protection but no arrest has been made, you can go directly to a Dallas County district court or county court at law and file an application. A judge can grant a Temporary Ex Parte Protective Order without the abuser being present (that is what “ex parte” means) if there is clear evidence of immediate danger. This type of order typically lasts up to 20 days while a full hearing is scheduled.
Final Protective Order
After a hearing in which both parties can present evidence and testimony, a judge may issue a Final Protective Order. This order can last up to two years — or longer in cases involving repeated abuse, serious bodily injury, or a conviction for certain offenses. In the most serious situations, the court can issue a lifetime protective order.
Who Qualifies for a Protective Order in Texas?
Texas law allows you to apply for a protective order if the person you are seeking protection from is:
- A family member or household member (spouse, former spouse, parent of your child, or someone you live with or have lived with)
- A person with whom you are in or were in a dating relationship
- Someone who committed sexual assault or sexual abuse against you, regardless of your relationship to them
- Someone who stalked you or trafficked you
You do not need to be married to the person. You do not need to have a police report on file, though having documentation of prior incidents strengthens your case significantly.
How to File for a Protective Order in Dallas
The process of obtaining a protective order in Dallas involves several steps, but it can move quickly — especially in emergency situations.
Step 1: Document the abuse. Gather any evidence you have: photos of injuries, screenshots of threatening messages, written statements from witnesses, medical records, or police reports. Even a detailed written account of what happened can help.
Step 2: File an application. In Dallas County, you can file at the Dallas County District Clerk’s Office located at the George Allen Courts Building, 600 Commerce Street, Dallas, TX 75202. There are also family violence legal aid resources available to assist individuals who cannot afford an attorney.
Step 3: Attend the hearing. For a Final Protective Order, a hearing will be scheduled, usually within 14 days of the temporary order being granted. You will need to present your evidence before a judge. The respondent will also have the opportunity to appear.
Step 4: Enforce the order. Once issued, your protective order should be filed with local law enforcement. Keep a copy with you at all times. If the respondent violates the order, call 911 immediately.
Protective Orders and Divorce or Custody Cases in Dallas
Protective orders frequently intersect with divorce and child custody proceedings. If you are seeking a divorce from an abusive spouse, the existence of a protective order can directly influence custody arrangements, visitation schedules, and property matters. A family court judge in Dallas will take documented family violence very seriously when determining what is in the best interests of the children.
If your co-parent is subject to a protective order, supervised visitation may be ordered, or visitation could be denied entirely depending on the severity of the abuse and the risk to the children.
This is one reason why having a board-certified family law attorney in your corner is critical. The legal steps you take — and the order in which you take them — can have lasting consequences for your family.
What a Protective Order Cannot Do
It is important to understand that a protective order does not guarantee physical safety. It creates legal consequences for violations, but it cannot physically prevent contact. If you are in immediate danger, call 911.
A protective order also does not automatically resolve your divorce, divide your property, or establish permanent custody. These are separate legal proceedings, though a protective order can play a significant role in shaping their outcomes.
Dallas Resources for Victims of Family Violence
If you are in immediate danger, call 911. Additional resources in the Dallas area include:
- The Family Place: (214) 941-1991 — 24-hour crisis hotline serving Dallas County
- Genesis Women’s Shelter & Support: (214) 946-4357 — shelter and legal advocacy for women and children
- Dallas County District Attorney’s Family Violence Unit: assists victims through the criminal protective order process
Speak With a Dallas Family Attorney Today
Navigating the protective order process can be overwhelming, especially when you are also dealing with the emotional weight of abuse or danger. Attorney Grant Frankfurt has extensive experience in Dallas family law and understands how to move quickly when your safety — or your children’s safety — is at stake.
If you are in the Dallas, Denton, or broader DFW area and need help obtaining a protective order or addressing family violence in a divorce or custody case, contact Frankfurt Law Firm today for a confidential consultation.
Frankfurt Law Firm, PLLC
8150 N Central Expressway, Suite 1255
Dallas, Texas 75206
📞 (214) 775-5050
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