If you are in immediate danger, call 911. The National Domestic Violence Hotline is available 24/7 at 1-800-799-7233.
Who can get a protective order in Texas?
A Texas protective order can protect people who have experienced family violence (from a family or household member or a dating partner), sexual assault or abuse, stalking, or trafficking. You can apply for yourself, and a parent can apply on behalf of a child.
Applying in Hays County
The Hays County District Attorney's Office helps victims apply for protective orders at no cost. According to the county, applications are made in person at the Hays County Government Center, 712 South Stagecoach Trail, San Marcos. See the county's Protective Orders page for current hours and requirements, and its Family Violence Resources page for shelters and victim services. You can also hire a private attorney to file for you.
Types of protective orders
- Temporary ex parte order: a short-term order a judge can sign the same day, without the other person present, when there's a clear and present danger. It lasts until the full hearing, usually within about 14 days.
- Final protective order: issued after a hearing where both sides can present evidence. It often lasts up to two years, and longer in some serious cases.
- Magistrate's order of emergency protection: often issued at the arrested person's first court appearance after a family violence arrest.
What a protective order can do
A protective order can prohibit contact and communication, require the person to stay away from your home, work and children's school, award temporary use of the home, and address temporary custody and child support. Violating a protective order is a crime.
Protective orders, divorce and custody
A protective order can affect a divorce or custody case. Family violence can shorten the 60-day waiting period for a divorce, it is a major factor in custody decisions, and it can rebut the presumption of joint conservatorship. If you have both a protective order matter and a divorce or custody case, they need to be coordinated.
If a protective order was filed against you
Take it seriously. A final protective order can restrict where you live, your access to your children, and your right to possess firearms, and it shows up in background checks. Follow any temporary order exactly, don't contact the applicant, and talk to a lawyer before the hearing. Attorney Jesus R. Lopez handles both family law and criminal defense, which often overlap in these cases. Call 512-643-5665.
General information only, not legal advice.