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

🏙️ Overview

If you live in Houston or Harris County, Texas, and you’re being threatened, stalked, or abused, you have legal options for protection.
This guide explains — step by step — how to file for a Protective Order (commonly called a restraining order) in Houston in 2025, what documents you’ll need, how to prepare your evidence, and where to get free help.

🔍 Understanding Protective Orders in Texas

In Texas, “restraining order” and “protective order” are often used interchangeably, but protective orders carry stronger enforcement powers.

Protective Orders are governed by the Texas Family Code §82, and are available to survivors of:

• Family or dating violence

• Sexual assault

• Stalking

• Human trafficking

• Continuous harassment or threats

There are three main types used in Houston and across Texas:

📍 Where to File in Houston

You can file for a Protective Order at the Harris County District Attorney’s Office or directly at the courthouse.

Main Location

Harris County District Attorney’s Office – Protective Orders Division
1201 Franklin Street, Suite 600
Houston, TX 77002
📞 (713) 274-0212
🌐 app.dao.hctx.net/protective-order

Filing Alternatives

If you live outside central Houston:

• You may also file at your local Justice of the Peace court or Harris County Family Law Center.

• If your abuser was arrested, ask the court to issue a Magistrate’s Emergency Order (MOEP) immediately.

🧾 Step-by-Step: How to File a Protective Order in Houston

Step 1: Gather Information

Prepare a detailed statement of what happened:

• Dates and times of abuse or threats

• Type of harm (physical, emotional, stalking, threats, property damage)

• Evidence (texts, photos, police reports, witnesses)

You’ll also need:

• Your full name and address (or safe alternate address)

• The respondent’s full name, birth date, and address (if known)

• Names and ages of children who may need protection

Step 2: Fill Out the Required Forms

Texas requires all courts to use Standardized Protective Order Forms.
📄 Download: Texas OCA Protective Order Forms (PDF)

If you need help completing them, contact:

• AVDA (Aid to Victims of Domestic Abuse) – (713) 224-9911

• Houston Volunteer Lawyers – (713) 228-0735

• Legal Aid Center of Harris County – (800) 622-2520

✅ Tip: Do not sign your petition until you’re in front of a clerk or judge — some forms require notarization or verification.

Step 3: File Your Petition

File your paperwork in person at:

• Harris County DA’s Office (address above), or

• Harris County Civil Courthouse, 201 Caroline Street, Houston, TX 77002

When filing:

• Tell the clerk if you are in immediate danger so you can request an Ex Parte Temporary Protective Order.

• You may be asked to meet briefly with a protective order prosecutor or caseworker to verify details.

💰 Cost: There is no filing fee for survivors seeking a protective order.

Step 4: Temporary Protection (Ex Parte Order)

If the judge believes there is a credible threat of harm, they can issue a Temporary Ex Parte Order immediately.

• This order can prohibit contact, remove the abuser from a shared home, and restrict access to firearms.

• It takes effect as soon as it is signed and delivered to law enforcement.

• It lasts up to 20 days (can be extended if the court hearing isn’t yet complete).

Step 5: Serve the Respondent

Once the order is issued:

• The Harris County Sheriff’s Office or Constable Precinct will serve the abuser with the paperwork.

• You do not need to handle service yourself — officials will deliver it safely at no cost.

• The order only becomes enforceable after service is confirmed.

Step 6: Attend the Court Hearing

Within about 2–3 weeks, you’ll have a hearing date for your Final Protective Order.

Bring:

• A printed copy of your filed petition

• All evidence (photos, messages, emails, police reports, medical records)

• Witnesses or affidavits

• Proof of relationship or cohabitation (if relevant)

During the hearing:

• You may testify; the respondent will have a chance to respond.

• A Final Protective Order is issued if the judge finds that violence occurred or is likely to occur again.

🕐 Duration: Usually up to 2 years, but may last longer if severe violence or firearm use was involved.

Step 7: Enforcement & Renewal

If your abuser violates the order:

• Call 911 immediately — violation is a Class A misdemeanor or felony.

• Keep a certified copy of your order at home, work, and in your car.

• You can also file a Motion to Enforce Protective Order at the courthouse.

• Before it expires, you may request a renewal if threats continue.

🧠 Evidence Checklist

To strengthen your case:
✅ Police or 911 reports
✅ Medical documentation or hospital visits
✅ Photos / videos of injuries or property damage
✅ Texts, emails, DMs, voicemails
✅ Witness statements
✅ Prior reports or restraining orders
✅ Journals or notes documenting threats

🏛️ Houston-Area Resources for Survivors

⏱️ Typical Timeline

⚖️ Common Questions

Is there a fee?
No, filing and service are free.

Can I file without police involvement?
Yes. Police reports help but are not required.

Can the judge order the abuser to move out?
Yes, if you share a home or lease, the court can grant you exclusive possession.

What happens if the abuser owns guns?
The court may order firearm surrender. Under Texas Family Code §85.022, it’s illegal for a respondent under a protective order to possess firearms.

Will my information be public?
You can request confidentiality — your address and contact info can be sealed.

What if I move to another state?
Your Texas order is enforceable nationwide under the Violence Against Women Act (VAWA).

💬 Final Thoughts

You do not have to face this process alone.
The Harris County Domestic Violence team, AVDA, and HAWC are ready to help with filing, court accompaniment, and long-term safety planning.

If you are in immediate danger, call 911.
For confidential 24-hour help, call the Texas Family Violence Hotline at (800) 799-SAFE (7233).