What happens next
- An applicant describes the incidents, relationship, dates and requested protection. If there is a clear and present danger of family violence, the court may grant a temporary order before the other person is heard.
- Formal service gives the respondent the papers and hearing information. Read every restriction as soon as you receive it, including rules about messages, the home, school and child exchanges.
- Prepare dated evidence and identify firsthand witnesses for the hearing. Ask counsel how any resulting order interacts with custody orders, criminal charges or bond conditions.
Timing and deadlines
Generally the hearing must be set within 14 days after filing, with statutory exceptions and possible rescheduling for service. A temporary ex parte order can last up to 20 days and may be extended. Use the dates and terms on the papers currently in effect.
Costs and payment
Texas bars public officials from charging the applicant for filing, serving or entering a protective order. Private representation is a separate expense. Ask the county unit what application assistance is available.
How to prepare
- If safe, preserve the originals of messages, photos, report numbers and medical records. Write down the date of each incident and who personally saw or heard it.
- Bring all civil and criminal orders and the hearing notice. Let counsel know before sharing an address or telephone number that needs to stay confidential.
Questions and answers
Do I need to wait for the divorce to ask for protection?
A person who qualifies can apply for a protective order independently of a divorce. Tell counsel about any open cases so the court receives the right case information and orders can be compared.
The protected person invited me to make contact. What should I do?
Follow the current order. Have counsel read it and ask the court for clarification or a change if necessary. Give the lawyer a copy of the invitation and raise any child-exchange concerns before arranging contact.
What if a child exchange would put us in the same place?
Bring the custody order, the protective order and any bond paperwork. Ask for advice before the next exchange about permitted arrangements or court clarification. A relative passing along messages may also fall within a contact restriction.
What if formal notice has not reached the other person before the hearing?
Contact the court or counsel to confirm the setting and service status. Keep your scheduled appearance unless the court gives different instructions. Ask whether rescheduling or an extension of temporary protection is needed, and obtain a copy of any new order.
How can I prepare if I am worried about seeing the other person at court?
Tell counsel or the victim-services contact in advance. Ask about entrance and waiting-area arrangements and how to alert court security. Bring your current order and a safe phone number. If danger is immediate, call 911.
Let’s talk about your next step.
You don’t have to figure it out alone. Talk with Angel’s office about your concerns, upcoming dates and how the team can help.