Attorney
To obtain a protective order in Texas, you generally need evidence showing that family violence, dating violence, stalking, sexual assault, or another qualifying act has occurred and, in many cases, that future harm is likely. The court evaluates the evidence presented to determine whether the legal requirements have been met.
Protective orders can provide important legal protections, but they are not granted automatically. Whether you are requesting a protective order or responding to allegations, the evidence presented to the court often determines the outcome. Understanding what judges look for and how the process works can help you prepare for your hearing.
What Evidence Does a Texas Court Consider for a Protective Order?
Texas courts consider many forms of evidence when deciding whether to issue a protective order. No single piece of evidence is required, and judges often evaluate the entire situation rather than focusing on one document or witness.
Helpful evidence may include:
- Text messages, emails, or social media posts
- Voicemails or lawfully obtained recordings
- Photos of injuries or property damage
- Medical records
- Police reports
- Witness testimony
- Prior court records
- Evidence of repeated unwanted contact or violations of prior orders
A police report can strengthen your case, but it is not required. Many people obtain protective orders without ever contacting law enforcement. Likewise, a police report alone does not guarantee that a protective order will be granted.
The court may also consider prior incidents if they help establish a pattern of abuse, harassment, or threats, even when those events occurred months or years earlier.
What Is the Process for Requesting a Protective Order in Texas?
The process typically begins when the person seeking protection files an application with the court.
If the court believes there is an immediate risk of family violence or another situation that qualifies for a protective order, it may issue a temporary ex parte protective order. “Ex parte” means the judge may issue the temporary order based only on the applicant’s testimony and evidence, without first notifying the other party or giving them an opportunity to respond. Under Texas law, a temporary ex parte protective order generally lasts for up to 20 days, although it may be extended in some circumstances.
If a temporary order is issued, the court will schedule a hearing where both parties have the opportunity to present evidence before the judge decides whether to issue a final protective order.
At the hearing:
- Both parties may testify.
- Each side can present documents, photographs, and other evidence.
- Witnesses may testify.
- Each party may question witnesses and respond to the other side’s evidence.
After considering all of the evidence, the judge will decide whether the legal requirements for a protective order have been met. If so, the court may issue a final protective order with conditions tailored to the circumstances of the case. Many final protective orders in Texas remain in effect for up to two years, although courts may issue longer-lasting orders in certain circumstances.
How Can You Contest a Protective Order and What Happens in Court?
If you have been served with a protective order application, take it seriously. A protective order can affect where you live, your contact with family members, your ability to possess firearms under federal and state law, and other legal rights.
To contest the request, you may present evidence such as:
- Messages that provide additional context
- Witness testimony
- Phone records or photographs
- Evidence that contradicts the allegations
Presenting organized, credible evidence can help ensure the court has a complete understanding of the facts before making a decision.
Protect Your Rights With Experienced Legal Guidance
Whether you are requesting or contesting a protective order, gathering the right evidence and preparing for the hearing can make a meaningful difference. Preparing your case carefully and understanding the court process can make a meaningful difference.
At Navarrete & Schwartz, P.C., we represent clients throughout Texas in protective order proceedings from both sides of the courtroom. We can help you gather evidence, prepare for your hearing, and advocate for your interests. Contact us today to discuss your situation and learn how we can help.