Protective Orders Explained: Who Can Request Them and How They Work

When you’re living in fear, every knock on the door and every buzz of your phone can feel overwhelming. You may be trying to hold your life together while quietly worrying about your safety. It’s exhausting and isolating. If you’re considering protective orders, chances are something serious has happened, and you’re looking for a way to feel safe again.

At Thaler Law, we work with people who are facing some of the most difficult moments of their lives. Protective orders can be powerful legal tools, but many people don’t know how they work, who qualifies, or what to expect from the process. 

From our office in Georgetown, Texas, we serve clients throughout Travis County, Bell County, Burnet County, Hays County, Bastrop County, Bexar County, Lampasas County, Milam County, and McLennan County. If you’re ready to talk about your situation, reach out to us today.

Who Can Request Protective Orders in Texas?

In Texas, protective orders are typically available to people who have experienced family violence, dating violence, sexual assault, stalking, or trafficking. You don’t have to wait until things “get worse” to seek help. If you’ve been harmed or threatened, you may already qualify.

Generally, you can request protective orders if:

• You’re married to or divorced from the person who harmed you

• You’re in a dating relationship or were previously dating

• You live or have lived in the same household

• You share a child together

• You’re related by blood or marriage

• You’ve been the victim of sexual assault or stalking, even if you don’t have a close personal relationship

Texas courts look at whether family violence has occurred and whether it’s likely to happen again. “Family violence” doesn’t just mean physical injury. It can include threats, intimidation, harassment, and certain types of emotional abuse.

If you’re unsure whether your situation qualifies, speaking with an experienced lawyer can help you evaluate your options. We regularly help clients determine whether protective orders are appropriate based on the facts of their cases.

How Protective Orders Work

Protective orders are court orders that place legal restrictions on the person who harmed or threatened you (the respondent). Once signed by a judge, they carry the force of law. Violating protective orders can lead to arrest, fines, or jail time.

The process usually begins when you file an application with the court. In urgent situations, a judge can issue a temporary ex parte order the same day without the other person present. This short-term protection lasts until a full hearing is held.

Here’s how the process typically unfolds:

• You file an application describing what happened.

• A judge reviews your request and may grant a temporary order immediately.

• The respondent is formally served with notice of the hearing.

• Both sides have an opportunity to present evidence at a court hearing.

• The judge decides whether to issue a final protective order and how long it will last.

Final protective orders in Texas often last up to two years, though some can be longer depending on the severity of the conduct. During that time, the court can prohibit the respondent from contacting you, going near your home or workplace, or possessing firearms.

Protective orders are civil matters, but they can have criminal consequences if violated. That’s why it’s important to take the process seriously and prepare carefully for your hearing.

What Protective Orders Can Include

Protective orders aren’t one-size-fits-all. Courts tailor them to the specific risks in your case. The goal is to reduce the likelihood of future harm and give you space to live without fear.

Depending on your situation, protective orders may include:

• No contact provisions: Prohibiting phone calls, texts, emails, social media messages, or third-party contact

• Stay-away requirements: Ordering the respondent to remain a certain distance from your home, workplace, school, or child’s daycare

• Firearm restrictions: Requiring the respondent to immediately surrender all firearms while the order is in effect.

• Exclusive possession of residence: Granting you the right to stay in a shared home and requiring the other person to move out

• Child-related terms: Setting temporary custody, visitation, or exchange conditions to protect children

These terms are designed to address the realities of your daily life. For example, if you work in a public setting or share parenting responsibilities, the court can craft provisions that reflect those circumstances.

Protective orders can provide meaningful relief, but they work well when they’re thoughtfully drafted and supported by clear evidence. We help clients present their stories in a way that shows the court why these protections are necessary.

What Happens After a Protective Order Is Granted

Once protective orders are in place, you should keep a copy with you at all times and provide copies to your workplace, your child’s school, or anyone else who may need to be aware of the restrictions.

If the respondent violates the order, you can call law enforcement. Violations can lead to immediate arrest and separate criminal charges. Protective orders aren’t just symbolic—they’re enforceable court directives.

It’s also important to understand that protective orders may affect related legal matters, such as divorce or child custody proceedings. Courts often consider findings of family violence when making decisions about conservatorship and visitation. In some cases, supervised visitation or restricted exchanges may be ordered to protect children.

If your protective order is nearing expiration and you’re still concerned about safety, you may be able to request an extension. The court will review whether ongoing protection is warranted.

Protective orders can be life-changing, but they’re just one piece of a broader plan for safety and stability. You may also consider counseling, safety planning, and community resources as part of your path forward.

Move Forward With Protective Orders and Support

At Thaler Law, we’ve helped many individuals pursue protective orders and take back control of their futures. From Georgetown, Texas, we represent clients throughout Travis County, Bell County, Burnet County, Hays County, Bastrop County, Bexar County, Lampasas County, Milam County, and McLennan County. If you’re considering protective orders or need guidance about your options, reach out to our firm today, and let’s talk about how we can help you move forward with confidence.