Step-by-Step: How to Get a Restraining Order in Austin (2025)

Overview

In Texas, a “restraining order” that provides safety from abuse or threats is usually called a Protective Order.
If you live in Austin or anywhere in Travis County, this guide explains how to file for one, what forms you need, how the hearings work, and where to get free legal or advocacy support.

1️⃣ Understand Which Type of Order You Need

Texas has three main types of court-issued protection:

All protective orders in Texas follow Texas Family Code Chapter 82 and use the OCA standardized forms statewide.
📄 Texas Protective Order Forms – Official OCA Website

2️⃣ Where to File in Austin / Travis County

You can start your case at either location below (depending on whether you want help from the District Attorney):

➤ Travis County District Attorney – Protective Order Unit
✔️ Assists survivors with free filing, evidence prep, and court representation.
📍 1700 Guadalupe Street, Austin TX 78701
☎️ (512) 854-9400 or (512) 854-0700
🌐 traviscountytx.gov/district-attorney

➤ Travis County District Clerk – Civil/Family Division
If you prefer to file independently (pro se), you can file your petition directly.
📍 Same building – Civil Filings Counter, 1st floor
⏰ Mon–Fri 8 AM – 5 PM

You may also begin through the Travis County Attorney’s Office Protective Order Program, especially if criminal charges are pending.
🌐 traviscountytx.gov/county-attorney/protective-orders

3️⃣ Fill Out the Forms and Affidavit

Texas uses state-approved standardized forms, so you’ll fill out:

• Application for Protective Order

• Temporary Ex Parte Order Request (if immediate danger)

• Information Sheet for Protective Order Registry (Monica’s Law)

In your affidavit:
✅ Describe specific incidents (dates, times, places)
✅ Mention threats, physical harm, stalking, property damage, firearms
✅ Include evidence or witnesses
✅ Explain why you fear future violence

💡 If you can’t safely include your address, request confidentiality.

No filing fee applies for survivors seeking a Protective Order through the DA or the County Attorney.

4️⃣ Request a Temporary (Ex Parte) Order

When you submit your petition, you can ask the judge for an Ex Parte Order if you believe you’re in danger right now.
If granted, this gives immediate protection—for example, keeping the abuser away from you, your home, workplace, or school until the final hearing.

5️⃣ Service of Process – Notify the Respondent

• The Travis County Sheriff’s Office – Civil Warrants Division or a constable will serve the respondent with your petition, order, and notice of hearing.

• You do not need to serve them yourself.

• The order only becomes enforceable after service is completed.
  📍 Travis County Sheriff – Civil Division: (512) 854-9751 • [email protected]

6️⃣ Attend the Court Hearing

A hearing is typically scheduled within 14–20 days after filing.

Bring:

• Sworn written statement + evidence

• Photos, screenshots, call logs, police reports, medical records

• Witnesses (if possible)

• Proof of relationship or cohabitation (if DV-related)

At the hearing, both sides can testify. If the judge finds enough evidence of past or likely future family violence, they will issue a Final Protective Order.

7️⃣ After the Order — Enforcement & Renewal

• Keep a certified copy with you at all times.

• Provide copies to work, school, or childcare if relevant.

• Violating a protective order is a criminal offense under Texas Penal Code § 25.07. Call 911 if it happens.

• Orders typically last up to 2 years but can be extended or modified.

• The DA’s office can help you file for renewal before expiration.

Texas also maintains the Protective Order Registry (Monica’s Law) so law enforcement across counties can confirm your protection quickly.

🧾 Evidence Checklist

• Sworn affidavit with incident details

• Police reports or 911 logs

• Medical or hospital records

• Photos or videos of injuries or damage

• Texts, emails, social media messages

• Witness statements

• Prior protective orders (if any)

• Firearm information (if relevant)

💬 Austin / Travis County Resources

⏱ Timeline Summary (Austin)

❓ Frequently Asked Questions

Is there a fee?
No — Protective Orders are free for victims of family violence.

Do I need a police report?
No, but it strengthens your case. You can apply even without one.

Can the judge make them move out of my home?
Yes — under Family Code § 85.021, the court may order exclusive possession of the residence.

Does it cover children too?
Yes, you can request that minor children be protected in the same order.

How do I renew my order?
File a motion to renew before expiration (through DA or your attorney).

⚠️ Final Safety Note

If you ever feel unsafe, call 911.
For confidential 24-hour guidance, contact SAFE Alliance (512-267-SAFE) or the National Hotline (800-799-SAFE).

Keep copies of all paperwork in a secure location and alert trusted friends or co-workers about your order if needed.