What is a Protective Order?
A protective order is a court order from a judge that makes one person stay away from another. The order can make someone stay away from your home, school, place of work, and other places that are important to you.
When Can You Get a Protective Order?
You can ask for a protective order if a current or former member of your family or household or someone you have a current or former dating relationship with hurt you or is threatening to hurt you.
Difference Between a Protective Order and a Restraining Order
On TV and in the movies, people often talk about “restraining orders.” In Texas, there is a difference between “restraining orders” and “protective orders.”
A protective order is enforceable by the police. This means that if someone violates a protective order, the police can be called to come immediately to help you be safe. The person violating the protective order can be arrested immediately and risks serving time in jail.
In Texas, a restraining order is NOT enforceable by the police. If someone violates a restraining order, you have to go to court and ask a judge for a hearing to decide whether the person actually violated the restraining order.
If you are looking for immediate protection, you probably need a protective order, not a restraining order.
How Can You Get a Protective Order?
If you need assistance in obtaining a protective order, you can call the Texas Advocacy Project legal hotline at 1-800-374-HOPE or 1-899-325-SAFE. You can also call Jane’s Due Process legal hotline at 1-866-WWW-JANE or 1-866-999-5263.
Or, to get a protective order, you can call the victim assistance office in your county to get information on how to file an application. When filing the application, you will have to give a sworn statement called an “affidavit” describing recent acts of abuse and when they happened. The application must be filed in the county where you live or the county where the violence happened.
How Long Will It Take to Get a Protective Order?
A judge will make a decision whether or not to grant a temporary protective order (TPO) very quickly.
The TPO will state that the person accused of abuse (the respondent) must stay away from you until the final hearing. If the TPO is granted, a hearing will be set within two weeks. The respondent will be told and have the opportunity to give evidence why a final order should not be granted. After this formal hearing, the judge will decide whether a protective order should be granted. These orders normally last from one to two years. They can be renewed.
What Will Having a Protective Order Mean?
A protective order can give you some time to find a safe place to live away from your parents or abuser. You may find a way to live on your own or find another adult who will take legal guardianship of you until you turn 18. A protective order can help keep you safe at school. The judge at your hearing may help you by deciding where you will live and if someone has to pay child support for you.
Quick Download
Protective Order Application Kit (.pdf)
If you are a pregnant minor in Texas, Jane’s Due Process is here to help you understand and exercise your legal rights. You are not alone. CALL Jane’s Due Process’ Legal Hotline: 1-866-WWW-JANE or 1-866-999-5263. Or TEXT to 512-270-7190.
