Obtaining A Protective Order
If you have been a victim of violence, stalking or sexual abuse, or human trafficking you can apply for a protective order to keep your abuser away from you.
A protective order is a lawsuit filed in family court that protects you from someone who has been violent or threatened to be violent.
They are generally granted for two years but can be longer. The order can include that the abuser:
- Not hurt or threaten you;
- Not contact you or go near you, your children, other family relatives, your pets, your home, where you work, or your children’s schools;
- Not have a gun or a license to carry a gun; and
- Not to track or monitor your personal property or car, or a member of your family or household, by using a tracking device or physically following you directly or through another person.
If the abuser/respondent violates a protective order, they can be arrested and charged with a criminal offense. You cannot be charged a fee for filing, serving, entering a protective order, or for getting additional certified copies of the order. The court may order that the abuser pay any attorney fees (if applicable), and all other fees, charges or expenses incurred in connection with the protective order.
To obtain a protective order, you will first meet with a specially trained domestic violence caseworker or social worker who will assist you with documenting a statement and preparing a file for review by a domestic violence prosecutor. Upon prosecutor approval, an application is filed in family court. You will then receive a letter regarding a court date. It is imperative to attend the court hearing in person or your case may be dismissed. To contact the Protective Orders Section, please call 713-274-0212 or email filepo@dao.hctx.net
Download the Form click Here (Click Here for Spanish)
Frequently Asked Questions
Where are you located?
We are located on the second floor of the Juvenile Justice Center at 1200 Congress on the second floor. Exit the elevator bank and proceed through the double glass doors. There will be a receptionist available to assist you with an application.
Does your office provide interpreters?
We use a language service to communicate in almost any language, including American Sign Language. We have caseworkers who speak a variety of languages.
How can I obtain a protective order?
To obtain a protective order, you will first meet with a specially trained domestic violence caseworker or social worker who will assist you with documenting a statement and preparing a file for review by a domestic violence prosecutor. Upon prosecutor approval, an application is filed in family court. You will then receive a letter regarding a court date. It is imperative to attend the court hearing in person or your case may be dismissed.
What are the requirements to obtain a protective order?
Either you or the respondent (abuser) must live in Harris County OR the violence occurred in Harris County
There is/was a dating, family, or household relationship with the respondent, including current spouses, former spouses, blood relatives, people related by marriage, parents of the same child, household members or people who dated. No relationship needs to be established for stalking, sexual abuse, or human trafficking cases.
The respondent must be personally served. This is why we must have a physical address for the respondent. The respondent can be served at home, at work, in jail or in court. That family violence, stalking or sexual assault occurred. Family violence means that you were assaulted (hitting, kicking, punching, hair pulling, slapping, punching, strangulation, shooting, stabbing, forcing to have sex, etc.) and/or that you were threatened with violence (the respondent said they would kill you, hit you, pointed a gun at you, etc.).
What should I bring with me to file a protective order?
- Picture I.D.
- Names and contact information for any witnesses
- Address for the Respondent
- Evidence (pictures, recordings, medical records, or anything you may think is important to know)
How quickly will I get a protective order?
It may take four to six weeks to obtain a protective order. A protective order is a lawsuit that is filed in family court and must be reviewed and issued by a judge. You must appear in court and provide testimony. Each survivor will receive safety information and options to increase safety.
What is temporary (ex parte) order?
If approved, a judge issues a temporary (ex-parte) protective order when a request for a final protective order is filed in court. It goes into effect when the respondent is served and expires after a certain amount of time. Police can arrest for violations after the respondent has been served with a temporary protective order.
What is a Magistrates Order of Emergency Protection (MOEP)?
A MOEP can be issued by the criminal court after the abuser is arrested for committing family violence, sexual assault, sexual abuse, or stalking. A MOEP is good for between 31-61 days and between 61 - 91 days if the abuser was arrested for assault with a deadly weapon. The court can issue this order upon the victim's request, the request of the victim's guardian, a police officer, the prosecutor, or the presiding judge.
What can I do increase my safety?
If you believe you are in immediate danger, call 911.
- If you believe an argument or incident is going to occur, leave if possible. If not, try to move to a room where you have access to an exit and/or a phone. Stay away from any room without an outside door or window or a room with items that could be used as weapons such as a kitchen or garage.
- Choose a safe place to go if you leave your home.
- Have a packed bag ready and keep it at the home of a close relative or friend.
- Identify one or more neighbors who you can ask to call the police if they hear a disturbance coming from your home.
- Practice how to get out of your home safely by identifying which escape route is best.
- Devise a code word or signal to use with your children, family, friends and neighbors when you need the police.
- Use your own instincts and judgment. If the situation is very dangerous, do whatever is necessary to be safe. This may mean giving the abuser what he/she wants to calm him/her down. If possible, keep your cell phone with you at all times.