Content Overview
The Texas Order form plays a crucial role in providing individuals with the necessary legal protection against potential threats or acts of violence. At its core, this form facilitates the application for a protective order, which is a court-issued directive aimed at safeguarding individuals from someone who has exhibited violent behavior or made threats. The protective order can impose various restrictions on the individual in question, such as prohibiting them from contacting the applicant, approaching their residence, or possessing firearms. For those seeking immediate protection, the form allows for a Temporary Ex Parte Protective Order, which can be granted swiftly to ensure safety until a formal court hearing can take place. Importantly, the process is designed to be accessible; there are no fees associated with filing the application, and assistance is available for those who need help navigating the legal system. Furthermore, the Texas Order form addresses vital aspects such as child custody, visitation rights, and spousal support, making it a comprehensive tool for individuals facing domestic violence or family-related disputes. By understanding how to properly fill out and submit this form, applicants can take significant steps toward securing their safety and well-being.
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What if the other person and I live
together or have children together?
The judge can make orders about who gets to use
the house, apartment or car.
The judge can also make other orders, like child
custody, child support, visitation, and spousal
support.
Can I get protection right away?
The judge may give you a temporary order that
protects you until your court hearing. This order is
called a “Temporary Ex Parte Protective Order”.
In some cases, the judge orders the other person
to leave the home right away. If you want this,
you should ask the judge. Be ready to testify at a
hearing when you file your Application.
Do I have to go to court?
Yes. Even if you get a Temporary Ex Parte
Protective Order, you must go to the next hearing.
It should be in about 2 weeks. The judge will
decide if you should have protection and for how
long. If you do not go, the Temporary Ex Parte
Protective Order may end.
Read Get Ready for Court in this kit. Or get it from
the court clerk or from:
www.texaslawhelp.org/protectiveorderkit
How will the other person know about
the protective order?
You must have the other person “served” before
the court hearing. This means someone—not
you—will serve the other person a copy of your
application for a protective order.
The clerk can arrange for law enforcement to serve
the other person the court papers for FREE (for you).
Need help?
There is an instruction sheet for each form.
But, if you need more help, contact:
Family Violence Legal Line: 800-374-HOPE
Or, go to:
www.texaslawhelp.org/protectiveorderkit
Protective Orders
Although you may file these forms without having a lawyer, you are encouraged to get a lawyer to help you in this process. Your county or district attorney or
legal aid office may be able to help for free. The State Bar of Texas may also be able to refer you to a lawyer if you call 800-252-9690.
What is a protective order?
It is a court order that protects you from someone
who has been violent or threatened to be violent.
How can a protective order help me?
It can order the other person to:
• Not hurt you or threaten to hurt you
• Not contact you or go near you, your children,
other family relatives, your home, where you
work, or your children’s schools
• Not have a gun or a license to carry a gun
The police can arrest the other person for
violating any of these orders.
Can I get a protective order?
You can get a protective order if:
• Someone has hurt you, or threatened to hurt
you, and
• You have a close relationship with that person
(you were or are married, dating or living
together, have a child together or are close
relatives), and
• You are afraid that person may hurt you again.
How much does it cost?
It is free for you.
How do I ask for a protective order?
Fill out the forms in this kit:
-
Application for Protective Order
- Temporary Ex Parte
Protective Order
- Protective Order
- Respondent Information
Where do I file the forms?
After you fill out the forms, take the forms with 2
copies to the courthouse. File them in the county
where you or the other person lives. But if you
have a divorce or custody case pending against
the other person, file the forms in that same
county or the county where you live.
Don’t miss your hearing!
If you miss it, your Temporary
Ex Parte Protective Order may
end and you will have to start
from the beginning.
Get ready.
• Fill out a Protective Order before you go to
court and bring it with you.
• Bring any evidence you have, like
photographs, medical records, torn clothing.
Also bring witnesses who know about the
violence, like a neighbor, relative or police.
The judge may ask them to testify.
• Bring proof of your and the other person’s
income and expenses, like bills, paycheck
stubs, bank accounts, tax returns.
• If the Proof of Service was returned to you,
file it with the clerk and bring a copy to court.
Get there 30 minutes early.
• Find the courtroom.
• When the courtroom opens, go in and tell
the clerk or officer that you are present.
• Watch the other cases so you will know
what to do.
• When your name is called, go to the front
of the courtroom.
What if I don’t speak English?
When you file your papers, tell the clerk you
will need an interpreter.
If a court interpreter is not available, bring
someone to interpret for you. Do not ask a
child, a protected person, or a witness to
interpret for you.
What if I am deaf?
When you file your papers, ask for an
interpreter or other accommodation.
What if I need child support or
visitation orders?
Call the Family Violence Legal Line before you
go to court: 800-374-HOPE
Get Ready for Court
What if I am afraid?
If you don't feel safe, call your local family
crisis center or the National Domestic Violence
Hotline: 800-799-SAFE
Practice what you want to say.
Make a list of the orders you want and practice
saying them. Do not take more than 3 minutes
to say what you want.
If you get nervous at the hearing, just read
from your list. Use that list to see if the judge
has made every order you asked for.
The judge may ask questions.
The other person or his or her lawyer may also
ask you questions. Tell the truth. Speak slowly.
Give complete answers.
If you don’t understand, say, “I don’t
understand the question.”
Speak only to the judge unless it is your turn
to ask questions. When people are talking to
the judge, wait for them to finish. Then you
can ask questions about what they said.
What happens after the hearing?
If the judge agrees you need protection, the
judge will sign your Protective Order.
Take your signed order to the court clerk. Ask
for copies of your order (or make extra copies)
and keep one with you at all times.
Give copies of your order to your children’s day
care, babysitter, or school. If the other person
violates the order, call the police and show
them your order.
Need help?
If you are in danger, call the police: 911
Or call Family Violence Legal Line:
800-374-HOPE
Or go to:
www.texaslawhelp.org/protectiveorderkit
Application for Protective Order Page 1 of 4
Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 05-9059 (April 12, 2005)
Case No.: ______________________________
Applicant:
______________________________________
In the
____________________________
Court
v. of
Respondent:
____________________________________
§
§
§
§
§
§
__________________________
County, Texas
Application for Protective Order
1 Parties
Name: County of Residence:
Applicant:
Respondent:
Respondent’s address for service:
Check all that apply:
The Applicant and Respondent are or were members of the same family or household.
The Applicant and Respondent are parents of the same child or children.
The Applicant and Respondent used to be married.
The Applicant and Respondent are or were dating.
The Applicant is an adult asking for protection for the Children named below from child abuse and/or family
or dating violence.
2 Children: The Applicant is asking for protection for these Children under age 18:
Name: Is Respondent the biological parent? County of Residence:
a. Yes No
b. Yes No
c. Yes No
d. Yes No
Check all that apply:
Other children are listed on a sheet attached to this Application.
The Children are or were members of the Applicant’s family or household.
The Children are the subject of a court order affecting access to them or their support.
3 Other Adults: The Applicant is asking for protection for these Adults, who are or were members of the
Applicant’s family or household:
Name: County of Residence:
a.
b.
4 Other Court Cases: Are there other court cases, like divorce, custody, support, involving the Applicant,
Respondent, or the Children? Yes No
If “Yes,” say what kind of case and if the case is active or completed.
If “completed,” (check one): A copy of the final order is attached.
A copy of the final order will be filed before the hearing on this Application.
5 Grounds: Why is the Applicant asking for this Protective Order? Check one or both:
The Respondent committed family violence and is likely to commit family violence in the future.
The Respondent violated a prior Protective Order that expired, or will expire in 30 days or less. A copy of the
Order is (check one): Attached, or
Not available now but will be filed before the hearing on this Application.
Your name here.
You are the Applican
t.
Name of person you want protection from.
This is the Respondent.
The clerk fills
out this part
Your name here
Name of person you want protection from
Best address to give the other person a copy of this form
County where
each person lives
Names of children
needing protection
County where
each person lives
Names of other adults needing protection
County where
each person lives
Read and check
one or both
Sample Only – Do Not File
Application for Protective Order Page 2 of 4
Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 05-9059 (April 12, 2005)
The Applicant requests a Protective Order and asks the Court to make all Orders marked with a check
6 Orders to Prevent Family Violence
The Applicant asks the Court to order the Respondent to (Check all that apply):
a. Not commit family violence against any person named on page 1 of this form.
b. Not communicate in a threatening or harassing manner with any person named on page 1 of this form.
c. Not communicate a threat through any person to any person named on page 1 of this form.
d. Not communicate or attempt to communicate in any manner with (Check all that apply):
Applicant Children Other Adults named on page 1 of this form.
The Respondent may communicate through: _______________________ or other person the Court appoints.
Good cause exists for prohibiting the Respondent’s direct communications.
e. Not go within 200 yards of the (Check all that apply):
Applicant Children Other Adults named on page 1 of this form.
f. Not go within 200 yards of the residence, workplace or school of the (Check all that apply):
Applicant Other Adults named on page 1 of this form.
g. Not go within 200 yards of the Children’s residence, child-care facility, or school, except as specifically
authorized in a possession schedule entered by the Court.
h. Not stalk, follow or engage in conduct directed specifically to anyone named on page 1 of this form that is
reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass them.
The Applicant also asks the Court to make these Orders (Check all that apply):
i. Suspend any license to carry a concealed handgun issued to the Respondent under state law.
j. Require the Respondent to complete a battering intervention and prevention program; or if no such program
is available, counseling with a social worker, family service agency, physician, psychologist, licensed
therapist, or licensed professional counselor; and pay all costs for the counseling or treatment ordered.
k. Require the Respondent to follow these provisions to prevent or reduce the likelihood of family violence.
__________________________________________________________________________________________________________________
The law requires a trial court issuing a protective order to prohibit the Respondent from possessing a
firearm or ammunition, unless the Respondent is a peace officer actively engaged in employment as a
sworn, full-time paid employee of a state agency or political subdivision.
7
Property Orders
The Residence located at:________________________________________________________________________________________________
(Check one): is jointly owned or leased by the Applicant and Respondent;
is solely owned or leased by the Applicant; or
is solely owned or leased by the Respondent; and the Respondent is obligated to support
the Applicant or a child in the Applicant’s possession.
The Applicant also asks the Court to make these orders (Check all that apply):
The Applicant to have exclusive use of the Residence identified above, and the Respondent must vacate
the Residence.
The sheriff, constable, or chief of police shall provide a law enforcement officer to accompany the Applicant
to the Residence, to inform the Respondent that the Court has ordered the Respondent excluded from the
Residence, to provide protection while the Applicant takes possession of the Residence and the Respondent
removes any necessary personal property, and, if the Respondent refuses to vacate the Residence, to remove
the Respondent from the Residence and arrest the Respondent for violating the Court’s Order.
The Applicant to have exclusive use of the following property that the Applicant and Respondent jointly own
or lease:
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
The Respondent must not damage, transfer, encumber, or otherwise dispose of any property jointly owned or
leased by the parties, except in the ordinary course of business or for reasonable and necessary living
expenses, including, but not limited to, removing or disabling any vehicle owned or possessed by the
Applicant or jointly owned or possessed by the parties (whether so titled or not).
Check all the orders you
want the judge to make
Your home address here, unless you want it to be confidential.
List the property you want to use or control, like a car or
furniture, even if the other person owns it with you.
Sample Only – Do Not File
Application for Protective Order Page 3 of 4
Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 05-9059 (April 12, 2005)
8 Spousal Support Order
The Applicant is married to the Respondent or otherwise legally entitled to support from the Respondent and asks
the Court to order the Respondent to pay support in an amount set by the Court.
9 Orders Related to Removal, Possession and Support of Children
The Respondent is a parent of the following of the Applicant’s children:
And, the Applicant asks for these Orders in the best interest of the people named on page 1 of this form.
Check all that apply:
The Respondent must not remove the children from the Applicant’s possession or from their child-care
facility or school, except as specifically authorized in a possession schedule entered by the Court.
The Respondent must not remove the children from the jurisdiction of the Court.
Establish or modify a schedule for the Respondent’s possession of the Children, subject to any terms and
conditions necessary for the safety of the Applicant or the Children.
Require the Respondent to pay child support in an amount set by the Court.
10 Temporary Ex Parte Protective Order
Based on the information in the attached Affidavit, there is a clear and present danger of family violence that will
cause the Applicant, Children or Other Adults named on page 1 of this form immediate and irreparable injury,
loss and damage, for which there is no adequate remedy at law. Applicant asks the Court to issue a Temporary Ex
Parte Protective Order immediately without bond, notice or hearing.
11 Ex Parte Order: Vacate Residence Immediately
The Applicant now lives with the Respondent at: _________________________________ or has resided at this
Residence within the 30 days prior to filing this Application. The Respondent committed family violence against
a member of the household within the 30 days prior to the filing of this Application, as described in the attached
Affidavit. There is a clear and present danger that the Respondent is likely to commit family violence against a
member of the household. The Applicant is available for a hearing but asks the Court to issue a Temporary Ex
Parte Protective Order immediately without bond, notice or hearing:
• Granting the Applicant exclusive use and possession of the Residence and ordering the Respondent to vacate
the Residence immediately, and remain at least 200 yards away from the Residence pending further Order of
the Court; and
• Directing the sheriff, constable, or chief of police to provide a law enforcement officer to accompany the
Applicant to the Residence, to inform the Respondent that the Court has ordered the Respondent to vacate the
Residence, and to provide protection while the Applicant either takes possession of the Residence or removes
necessary personal property.
12 Keep Information Confidential
The Applicant asks the Court to keep addresses and telephone numbers for residences, workplaces, schools, and
childcare facilities confidential.
13 Fees And Costs
The Applicant asks the Court to order the Respondent to pay fees for service of process, all other fees and costs of
Court, and reasonable attorneys’ fees, if applicable.
I have read the entire Application and it is true and correct to the best of my knowledge.
________________________________________
Applicant, Pro se
Address where Applicant may be contacted: __________________________________________________________
Phone # where Applicant may be contacted: ____________________________ Fax #: _________________________
(List another address/phone if you want yours kept confidential)
Check here if you want spousal support.
Check here and fill out this section if you want the
judge to make orders about who the children can stay
with, restrictions on travel, and child support.
Check here if you want the judge t
o
order the other person to move ou
t.
Your home address here
Check here if you want to keep
your contact information private.
Sign Here
List your address/phone or another address/phone
if you want yours kept confidential.
Sample Only – Do Not File
Application for Protective Order Page 4 of 4
Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 05-9059 (April 12, 2005)
Affidavit
County of ____________________________________________
State of Texas
My name is ___________________________________________. I am ______ years old and otherwise competent
to make this Affidavit. The information and events described in this Affidavit are true and correct.
1 Describe the most recent time the Respondent hurt you or threatened to hurt you:
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
2 What date did this happen? _____ / ____ / _____
3 Was a weapon involved? Yes No If yes, what kind? ____________________________________________
4 Were any children there? Yes No If yes, who? __________________________________________________
5 Did you call the police? Yes No If yes, what happened? _____________________________________
6 Did you get medical care? Yes No If yes, describe your injuries: _______________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
7 Has the Respondent ever threatened or hurt you before? Describe below, including date(s).
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
8 Were weapons ever involved? Yes No If yes, what kind? ____________________________
9 Were any children there? Yes No If yes, who? ___________________________________
10 Have the police ever been called? Yes No
11 Did you ever have to get medical care? Yes No If yes, describe your injuries: _______________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
____________________________________________________________
Applicant signs here
On ____ / ____ / _____, the Applicant ___________________________________ personally appeared before
me, the undersigned notary. After being sworn, the Applicant stated that she/he is qualified to make this oath,
that she/he has read the foregoing Application and Affidavit, that she/he has personal knowledge of the facts
asserted, and the facts asserted are true to the best of her/his knowledge and belief.
Subscribed and sworn to before me on ____ / ____ / _____.
_______________________________________________________________________
Notary Public in and for the State of Texas
My Commission expires: _____________________________________________
Write the name of
your county here
Your name here
Answer every question on this form.
If it happened in the last 30 days, the judge
can order the Respondent to move out.
Do NOT sign until the notary tells you to.
Notary fills out this part.
Sample Only – Do Not File
Application for Protective Order Page 1 of 4
Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 05-9059 (April 12, 2005)
Case No.: ______________________________
Applicant:
______________________________________
In the
____________________________
Court
v. of
Respondent:
____________________________________
§
§
§
§
§
§
__________________________
County, Texas
Application for Protective Order
1 Parties
Name: County of Residence:
Applicant:
Respondent:
Respondent’s address for service:
Check all that apply:
The Applicant and Respondent are or were members of the same family or household.
The Applicant and Respondent are parents of the same child or children.
The Applicant and Respondent used to be married.
The Applicant and Respondent are or were dating.
The Applicant is an adult asking for protection for the Children named below from child abuse and/or family
or dating violence.
2 Children: The Applicant is asking for protection for these Children under age 18:
Name: Is Respondent the biological parent? County of Residence:
a. Yes No
b. Yes No
c. Yes No
d. Yes No
Check all that apply:
Other children are listed on a sheet attached to this Application.
The Children are or were members of the Applicant’s family or household.
The Children are the subject of a court order affecting access to them or their support.
3 Other Adults: The Applicant is asking for protection for these Adults, who are or were members of the
Applicant’s family or household:
Name: County of Residence:
a.
b.
4 Other Court Cases: Are there other court cases, like divorce, custody, support, involving the Applicant,
Respondent, or the Children? Yes No
If “Yes,” say what kind of case and if the case is active or completed.
If “completed,” (check one): A copy of the final order is attached.
A copy of the final order will be filed before the hearing on this Application.
5 Grounds: Why is the Applicant asking for this Protective Order? Check one or both:
The Respondent committed family violence and is likely to commit family violence in the future.
The Respondent violated a prior Protective Order that expired, or will expire in 30 days or less. A copy of the
Order is (check one): Attached, or
Not available now but will be filed before the hearing on this Application.
Application for Protective Order Page 2 of 4
Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 05-9059 (April 12, 2005)
The Applicant requests a Protective Order and asks the Court to make all Orders marked with a check
6 Orders to Prevent Family Violence
The Applicant asks the Court to order the Respondent to (Check all that apply):
a. Not commit family violence against any person named on page 1 of this form.
b. Not communicate in a threatening or harassing manner with any person named on page 1 of this form.
c. Not communicate a threat through any person to any person named on page 1 of this form.
d. Not communicate or attempt to communicate in any manner with (Check all that apply):
Applicant Children Other Adults named on page 1 of this form.
The Respondent may communicate through: _______________________ or other person the Court appoints.
Good cause exists for prohibiting the Respondent’s direct communications.
e. Not go within 200 yards of the (Check all that apply):
Applicant Children Other Adults named on page 1 of this form.
f. Not go within 200 yards of the residence, workplace or school of the (Check all that apply):
Applicant Other Adults named on page 1 of this form.
g. Not go within 200 yards of the Children’s residence, child-care facility, or school, except as specifically
authorized in a possession schedule entered by the Court.
h. Not stalk, follow or engage in conduct directed specifically to anyone named on page 1 of this form that is
reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass them.
The Applicant also asks the Court to make these Orders (Check all that apply):
i. Suspend any license to carry a concealed handgun issued to the Respondent under state law.
j. Require the Respondent to complete a battering intervention and prevention program; or if no such program
is available, counseling with a social worker, family service agency, physician, psychologist, licensed
therapist, or licensed professional counselor; and pay all costs for the counseling or treatment ordered.
k. Require the Respondent to follow these provisions to prevent or reduce the likelihood of family violence.
__________________________________________________________________________________________________________________
The law requires a trial court issuing a protective order to prohibit the Respondent from possessing a
firearm or ammunition, unless the Respondent is a peace officer actively engaged in employment as a
sworn, full-time paid employee of a state agency or political subdivision.
7
Property Orders
The Residence located at:________________________________________________________________________________________________
(Check one): is jointly owned or leased by the Applicant and Respondent;
is solely owned or leased by the Applicant; or
is solely owned or leased by the Respondent; and the Respondent is obligated to support
the Applicant or a child in the Applicant’s possession.
The Applicant also asks the Court to make these orders
(Check all that apply):
The Applicant to have exclusive use of the Residence identified above, and the Respondent must vacate
the Residence.
The sheriff, constable, or chief of police shall provide a law enforcement officer to accompany the Applicant
to the Residence, to inform the Respondent that the Court has ordered the Respondent excluded from the
Residence, to provide protection while the Applicant takes possession of the Residence and the Respondent
removes any necessary personal property, and, if the Respondent refuses to vacate the Residence, to remove
the Respondent from the Residence and arrest the Respondent for violating the Court’s Order.
The Applicant to have exclusive use of the following property that the Applicant and Respondent jointly own
or lease:
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
The Respondent must not damage, transfer, encumber, or otherwise dispose of any property jointly owned or
leased by the parties, except in the ordinary course of business or for reasonable and necessary living
expenses, including, but not limited to, removing or disabling any vehicle owned or possessed by the
Applicant or jointly owned or possessed by the parties (whether so titled or not).
Application for Protective Order Page 3 of 4
Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 05-9059 (April 12, 2005)
8 Spousal Support Order
The Applicant is married to the Respondent or otherwise legally entitled to support from the Respondent and asks
the Court to order the Respondent to pay support in an amount set by the Court.
9 Orders Related to Removal, Possession and Support of Children
The Respondent is a parent of the following of the Applicant’s children:
And, the Applicant asks for these Orders in the best interest of the people named on page 1 of this form.
Check all that apply:
The Respondent must not remove the children from the Applicant’s possession or from their child-care
facility or school, except as specifically authorized in a possession schedule entered by the Court.
The Respondent must not remove the children from the jurisdiction of the Court.
Establish or modify a schedule for the Respondent’s possession of the Children, subject to any terms and
conditions necessary for the safety of the Applicant or the Children.
Require the Respondent to pay child support in an amount set by the Court.
10 Temporary Ex Parte Protective Order
Based on the information in the attached Affidavit, there is a clear and present danger of family violence that will
cause the Applicant, Children or Other Adults named on page 1 of this form immediate and irreparable injury,
loss and damage, for which there is no adequate remedy at law. Applicant asks the Court to issue a Temporary Ex
Parte Protective Order immediately without bond, notice or hearing.
11 Ex Parte Order: Vacate Residence Immediately
The Applicant now lives with the Respondent at: _________________________________ or has resided at this
Residence within the 30 days prior to filing this Application. The Respondent committed family violence against
a member of the household within the 30 days prior to the filing of this Application, as described in the attached
Affidavit. There is a clear and present danger that the Respondent is likely to commit family violence against a
member of the household. The Applicant is available for a hearing but asks the Court to issue a Temporary Ex
Parte Protective Order immediately without bond, notice or hearing:
• Granting the Applicant exclusive use and possession of the Residence and ordering the Respondent to vacate
the Residence immediately, and remain at least 200 yards away from the Residence pending further Order of
the Court; and
• Directing the sheriff, constable, or chief of police to provide a law enforcement officer to accompany the
Applicant to the Residence, to inform the Respondent that the Court has ordered the Respondent to vacate the
Residence, and to provide protection while the Applicant either takes possession of the Residence or removes
necessary personal property.
12 Keep Information Confidential
The Applicant asks the Court to keep addresses and telephone numbers for residences, workplaces, schools, and
childcare facilities confidential.
13 Fees And Costs
The Applicant asks the Court to order the Respondent to pay fees for service of process, all other fees and costs of
Court, and reasonable attorneys’ fees, if applicable.
I have read the entire Application and it is true and correct to the best of my knowledge.
________________________________________
Applicant, Pro se
Address where Applicant may be contacted: __________________________________________________________
Phone # where Applicant may be contacted: ____________________________ Fax #: _________________________
(List another address/phone if you want yours kept confidential)
Application for Protective Order Page 4 of 4
Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 05-9059 (April 12, 2005)
Affidavit
County of ____________________________________________
State of Texas
My name is ___________________________________________. I am ______ years old and otherwise competent
to make this Affidavit. The information and events described in this Affidavit are true and correct.
1 Describe the most recent time the Respondent hurt you or threatened to hurt you:
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
2 What date did this happen? _____ / ____ / _____
3 Was a weapon involved? Yes No If yes, what kind? ____________________________________________
4 Were any children there? Yes No If yes, who? __________________________________________________
5 Did you call the police? Yes No If yes, what happened? _____________________________________
6 Did you get medical care? Yes No If yes, describe your injuries: _______________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
7 Has the Respondent ever threatened or hurt you before? Describe below, including date(s).
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
8 Were weapons ever involved? Yes No If yes, what kind? ____________________________
9 Were any children there? Yes No If yes, who? ___________________________________
10 Have the police ever been called? Yes No
11 Did you ever have to get medical care? Yes No If yes, describe your injuries: _______________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
____________________________________________________________
Applicant signs here
On ____ / ____ / _____, the Applicant ___________________________________ personally appeared before
me, the undersigned notary. After being sworn, the Applicant stated that she/he is qualified to make this oath,
that she/he has read the foregoing Application and Affidavit, that she/he has personal knowledge of the facts
asserted, and the facts asserted are true to the best of her/his knowledge and belief.
Subscribed and sworn to before me on ____ / ____ / _____.
_______________________________________________________________________
Notary Public in and for the State of Texas
My Commission expires: _____________________________________________
Form Specifications
| Fact Name | Description |
|---|---|
| Definition of Protective Order | A protective order is a court order designed to protect individuals from someone who has been violent or threatened violence against them. |
| Eligibility Criteria | To obtain a protective order, you must show that someone has harmed you or threatened to harm you, and you must have a close relationship with that person. |
| Immediate Protection | You may receive a Temporary Ex Parte Protective Order that offers immediate protection until your court hearing. |
| Cost | There is no cost to file for a protective order; it is completely free for you. |
| Governing Law | This process is governed by Texas Family Code, Title 4, Chapter 82. |
Texas Order: Usage Guidelines
Filling out the Texas Order form is a crucial step in seeking protection from someone who has threatened or harmed you. This process requires careful attention to detail to ensure that all necessary information is accurately recorded. Below are the steps to follow when completing the form.
- Begin by entering the Case Number at the top of the form.
- Fill in your name in the section labeled "Applicant."
- In the "Respondent" section, write the name of the person you want protection from.
- Specify the county where the Respondent lives.
- Provide the Respondent’s address for service, which is the best address to reach them.
- Check all applicable boxes indicating the relationship between you and the Respondent.
- List any children you are seeking protection for, including their names and whether the Respondent is their biological parent.
- If there are other adults needing protection, provide their names and counties of residence.
- Indicate if there are any other court cases involving you, the Respondent, or the children.
- Explain the grounds for your request for a protective order by checking the relevant boxes.
- List all orders you want the judge to make regarding preventing family violence.
- Detail any property orders you are requesting, including your residence and any jointly owned property.
- If applicable, check if you want spousal support ordered.
- Request any orders related to children, such as custody or child support, by checking the relevant boxes.
- If you need an immediate protective order, indicate this in the section for a Temporary Ex Parte Protective Order.
- Sign the application, confirming that all information is true and correct to the best of your knowledge.
- Provide your contact information, including an address and phone number where you can be reached.
After completing the form, it is important to file it at the appropriate courthouse. Ensure that you have multiple copies for your records and for service to the Respondent. This process is vital to ensure your safety and the enforcement of the protective order.
Your Questions, Answered
What is a protective order?
A protective order is a court order designed to protect individuals from someone who has been violent or has threatened violence. It sets specific restrictions on the behavior of the person causing harm.
How can a protective order help me?
A protective order can require the other person to refrain from hurting or threatening you. It can also prohibit them from contacting you or coming near you, your children, or your home. Additionally, it can prevent them from possessing a firearm. If they violate these orders, the police can arrest them.
Can I get a protective order?
You can obtain a protective order if you have been harmed or threatened by someone with whom you have a close relationship, such as a spouse, partner, or family member. You must also demonstrate a fear that this person may harm you again.
What if the other person and I live together or have children together?
If you and the other person share a home or have children, the judge can issue orders regarding who may live in the residence. The judge can also make decisions about child custody, support, and visitation rights.
Can I get protection right away?
Yes, you may receive a temporary order known as a “Temporary Ex Parte Protective Order.” This order can provide immediate protection until your court hearing, which usually occurs within two weeks. You can ask the judge to order the other person to leave the home immediately if necessary.
How much does it cost?
Obtaining a protective order is free of charge. There are no fees associated with filing the necessary paperwork.
Do I have to go to court?
Yes, attending court is mandatory. Even if you receive a Temporary Ex Parte Protective Order, you must appear at the subsequent hearing for the judge to determine the duration and terms of your protection. Missing this hearing may result in the order being dismissed.
How do I ask for a protective order?
To request a protective order, you need to fill out specific forms, including the Application for Protective Order and the Temporary Ex Parte Protective Order. After completing these forms, file them at the courthouse in the appropriate county.
How will the other person know about the protective order?
You must ensure the other person is “served” with the court papers before the hearing. This means that someone other than you must deliver a copy of your application to them. The court clerk can arrange for law enforcement to serve these documents at no cost to you.
Common mistakes
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Incomplete Information: Failing to fill out all required fields can delay your application. Ensure that every section is completed, including names, addresses, and details about the relationship with the respondent.
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Incorrect County: Filing in the wrong county can lead to rejection of your application. Always file in the county where you or the respondent lives, or where any ongoing divorce or custody case is located.
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Missing Documentation: Not attaching necessary documents can result in your application being dismissed. Include all required attachments, such as previous protective orders or evidence of violence.
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Forgetting to Serve the Respondent: If you do not properly serve the other person with the application, your case may not proceed. Make sure to arrange for service through law enforcement or another authorized individual.
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Ignoring Court Dates: Missing your court hearing can lead to the dismissal of your Temporary Ex Parte Protective Order. Always keep track of your hearing date and arrive early.
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Not Seeking Help: Attempting to navigate this process alone can be overwhelming. Don’t hesitate to reach out for assistance from legal aid or support services available to you.
Documents used along the form
When seeking a protective order in Texas, several additional forms and documents may be necessary to support your case. These documents help clarify the situation and provide the court with relevant information. Below are four commonly used forms that accompany the Texas Order form.
- Application for Protective Order: This form initiates the request for a protective order. It details the applicant's relationship with the respondent and outlines the reasons for seeking protection, including any instances of violence or threats.
- Temporary Ex Parte Protective Order: This is a short-term order that provides immediate protection until a hearing can be held. It can be issued without the respondent being present and is designed to address urgent situations where there is a clear and present danger of harm.
- Protective Order: This document is the formal order issued by the court after a hearing. It specifies the terms of protection, including any restrictions placed on the respondent, such as contact limitations or firearm prohibitions.
- Respondent Information: This form collects necessary details about the respondent, including their address and any other relevant information. It is essential for ensuring that the respondent can be properly served with the protective order documents.
Understanding these documents and their purposes is crucial for effectively navigating the protective order process in Texas. Each form plays a significant role in ensuring that your request for protection is adequately presented to the court.
Similar forms
The Texas Order form shares similarities with several other legal documents. Below is a list of five documents that are comparable in purpose or function:
- Restraining Order: Like a protective order, a restraining order is a legal injunction that prevents one party from contacting or coming near another party. It is often used in cases of harassment or domestic violence.
- Temporary Restraining Order (TRO): This is a short-term measure designed to provide immediate protection to a person until a more permanent solution, such as a protective order, can be established. It can be issued quickly and without a full hearing.
- Child Custody Order: This document outlines the arrangements for the care and control of children following a separation or divorce. It can include provisions for visitation and child support, similar to the custody and support aspects of a protective order.
- Divorce Decree: In a divorce proceeding, a decree may include orders for spousal support, child custody, and property division. These elements can overlap with the requests made in a protective order application, especially when children are involved.
- Order of Protection: This is often used interchangeably with a protective order. It serves the same purpose of safeguarding individuals from threats or acts of violence, providing similar restrictions on the offending party.
Dos and Don'ts
When filling out the Texas Order form, it is important to follow certain guidelines to ensure your application is processed smoothly. Here are some things you should and shouldn't do:
- Do: Read all instructions carefully before starting.
- Do: Provide accurate and complete information on all forms.
- Do: Bring all necessary documents, such as evidence and proof of income, to your court hearing.
- Do: Ask for help if you have questions or need assistance with the forms.
- Do: Arrive at the courthouse early to find your courtroom and prepare.
- Don't: Leave out any important details that could affect your case.
- Don't: Forget to have the other person served with the application before the hearing.
- Don't: Miss your court hearing, as this may cause your application to be dismissed.
- Don't: Speak to anyone other than the judge during the hearing unless it is your turn to respond.
Misconceptions
Misconceptions about the Texas Order form can lead to confusion and misinformation. Here are seven common misconceptions and clarifications regarding the protective order process:
- Protective orders are only for women. Protective orders can be requested by anyone, regardless of gender. Both men and women can be victims of violence or threats.
- You need a lawyer to file for a protective order. While having a lawyer can be beneficial, individuals can file for a protective order without legal representation. However, legal assistance is encouraged for better understanding and guidance.
- Protective orders guarantee safety. While protective orders are legal tools designed to enhance safety, they do not guarantee complete protection. Victims should still take additional safety measures.
- The process is expensive. Filing for a protective order is free of charge. There are no fees associated with submitting the application or obtaining a protective order.
- A protective order is permanent. Protective orders are not permanent. They typically have a specified duration and may need to be renewed or modified based on circumstances.
- Only physical violence qualifies for a protective order. Protective orders can be issued for various forms of abuse, including emotional and psychological abuse, not just physical violence.
- The abuser will be informed before the protective order is granted. In certain cases, a temporary order can be issued without prior notice to the abuser to ensure immediate protection for the victim.
Understanding these misconceptions can help individuals navigate the protective order process more effectively and ensure they receive the necessary support and protection.
Key takeaways
Here are some key takeaways about filling out and using the Texas Order form for protective orders:
- Understand the Purpose: A protective order is a legal tool designed to protect individuals from someone who has been violent or has threatened violence.
- Eligibility Criteria: You can apply for a protective order if you have been harmed or threatened by someone with whom you have a close relationship, such as a spouse, partner, or family member.
- Filing Process: Complete the necessary forms and file them at the courthouse in the county where you or the other person resides.
- Temporary Orders: You may request a Temporary Ex Parte Protective Order for immediate protection until your court hearing, which typically occurs within two weeks.
- Attendance at Court: It is mandatory to attend the court hearing. Missing it could result in the dismissal of your temporary order.
- Service of Process: Ensure the other person is properly served with the court documents before the hearing. This can often be arranged through law enforcement at no cost.