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

Introduction

If you live in San Antonio / Bexar County, Texas, and you're facing abuse, threats, stalking, or harassment, the law provides a mechanism for legal protection through a Protective Order (often referred to as a “restraining order” in everyday speech). This guide is designed (2025 update) to walk you through the local steps: where to go, which forms to fill, how hearings work in Bexar County, evidence best practices, and where to get free help.

Legal Framework & Local Overview

• In Texas, Protective Orders are governed by Texas Family Code Chapter 82 (family violence / domestic violence) and related criminal statutes.

• The state has standardized protective order forms (by law, courts and applicants must use these) under Senate Bill 48. (Texas Courts)

• Bexar County’s District Clerk – Civil Filing office handles protective order cases (among other civil matters). (Bexar County)

• The Bexar County District Attorney’s Office – Protective Orders Unit (within the Family Justice Center) assists survivors with intake, affidavit preparation, and screening. (Bexar County)

• The San Antonio / Bexar County Family Justice Center (126 E. Nueva, 2nd Floor) is a hub for survivors, connecting legal, advocacy, counseling, and safety planning services. (311 San Antonio)

Step-by-Step: How to File for a Protective Order in San Antonio

Step 1: Intake & Application

• Begin by contacting the Family Justice Center at 210-631-0100. (311 San Antonio)

• You may fill out an electronic intake form through Bexar County’s official site (available business hours, 8 a.m.–5 p.m.). (Bexar County)

• During intake, a Victim Advocate will interview you, collect your account of incidents, and help you complete a sworn affidavit. (Bexar County)

• The advocate will review supporting evidence (police reports, photos, communications) and determine whether your case meets legal criteria. (Bexar County)

Step 2: Filing with the District Court & Temporary (Ex Parte) Order

• If your intake is approved, the DA’s office will submit your application for a Temporary Ex Parte Protective Order and petition to the District Court. (Bexar County)

• A District Judge will evaluate whether there is a “clear and present danger” of violence, stalking, sexual assault, or trafficking. If so, a Temporary Ex Parte Order may be granted. (Bexar County)

• A hearing for a Protective Order (final) is scheduled, typically within 20 days of issuing the temporary order. (Bexar County)

Step 3: Service on the Respondent

• The respondent must be personally served with the petition, the temporary order, and notice of hearing. (Bexar County)

• The case may be postponed or the temporary order extended if service is not effected before the hearing date. (Bexar County)

Step 4: Court Hearing & Final Protective Order

• At the hearing, both you and the respondent (if present & served) present testimony, evidence, and witnesses. (Bexar County)

• The judge will decide whether to issue a Final Protective Order (or decline) based on whether violence or risk is proven. (Bexar County)

• A Final Protective Order may include conditions such as no contact, stay-away zones, removal of weapons, and other safety provisions. (Bexar County)

Step 5: Enforcement, Violations & Renewal

• Once the order is served, it becomes enforceable. If the respondent violates it, the police may arrest them without warrant under Texas law (Penal Code § 25.07) for violations of protective orders. (Saudi Arabia Government)

• The San Antonio Police Department has protocols (Procedure 603) for handling protective orders and bond conditions. (Saudi Arabia Government)

• You may apply for modification, extension, or renewal if threats persist.

• Keep a certified copy of the order and share it with your workplace, school, or other relevant parties.

• The Texas Protective Order Registry (Monica’s Law) helps law enforcement statewide with access to orders. (Texas Courts)

Evidence & Documentation Checklist

To strengthen your petition and hearing:

• Sworn affidavit / written statement with specific details: dates, times, location, threats or acts, witnesses

• Police reports, incident numbers, 911 call logs

• Medical or clinic records documenting injuries

• Photographs or video evidence of injuries or damage

• Communications: texts, emails, social media messages

• Witness statements, declarations, or contacts

• Any prior protective orders or criminal history

• Documentation of shared residence or relationship (lease, utilities, mail)

San Antonio / Bexar County Resources

Timeline Overview

Common Questions & Tips

• Is there a fee to file?
  No — survivors applying for protective orders are not charged a filing fee in civil protective order proceedings (as the DA handles many matters).

• Can I apply online?
  Yes — Bexar County offers an electronic intake form (during business hours) for protective order assistance. (Bexar County)

• If the abuser is not local?
  The protective order may still be enforceable if the person can be served and subject to state/court jurisdiction.

• What if the respondent has firearms?
  Protective orders often include provisions barring possession of weapons. Law enforcement may be called to enforce those parts. (Sacred)

• What to do if service fails?
  Court will reschedule hearing or extend the temporary order while service is pursued. (Bexar County)

• How serious are violations?
  Violating a protective order in Texas can be criminal, including arrest without a warrant under certain circumstances (e.g. family violence, stalking). (Saudi Arabia Government)

Final Thoughts & Safety Advice

• Be as specific and detailed as possible when describing abuse (dates, times, locations, behavior).

• Bring all possible evidence and supporting materials to your hearing.

• Use the advocacy services offered by the Family Justice Center and DA’s office to navigate the process.

• Always carry a certified copy of the order and share with places such as work, school, or daycare.

• If you ever feel unsafe or threatened, call 911 immediately.

• A protective order is one component of a safety plan — use counseling, shelters, support networks, and legal aid in combination.