When you fear for your safety, Texas law allows you to request a protective order (often referred to as a “restraining order” in everyday language). Simply feeling unsafe is not enough, however—the court must see evidence that harm occurred or is likely to occur. In Texas, this typically requires showing abuse, credible threats, or stalking behaviors, and establishing that you have a qualifying relationship with the alleged abuser.
Judges in these cases decide “by a preponderance of the evidence,” which essentially means you must show it is more likely than not that violence or harassment took place. Specific details—like dates, locations, and descriptions of threatening incidents—are far more persuasive than general statements of fear. For example, saying “He followed me home on Monday and Tuesday at 6 p.m.” carries more weight than “I’m scared of him.” The more tangible, specific evidence you can present—such as documents, photographs, or witness testimonies—the stronger your case will be.
Who Qualifies for a Protective (Restraining) Order in Texas?
Basic Eligibility for Protection
Anyone who has been a victim of abuse or who faces a credible threat can seek a Texas protective order if they meet relationship criteria set by law. Typically, the abuser must be someone close to you: a current or former spouse, a person you have dated, a household member, or a relative (including in-laws). If you are living with someone who has harmed you, that relationship qualifies.
Texas law also extends protection to people who have been stalked, sexually assaulted, or trafficked, even if the perpetrator is not a relative or close partner. For instance, if a stranger has repeatedly threatened or harassed you in a way that makes you fearful, you can apply for a protective order on that basis. State prosecutors or child-protection agencies can sometimes file these requests on a victim’s behalf if needed. In short, any credible threat or act of harm typically justifies seeking protection under Texas statutes.
What Behavior Qualifies as Abuse or Harassment?
Defining Abuse Under Texas Law
Texas takes a broad view of “family violence” and related abusive conduct. Physical acts such as hitting or choking, sexual assault, and direct threats of injury are the clearest forms of abuse. Emotional and mental abuse—like harassment, severe insults, or intimidation—may also be recognized, especially if it instills real fear or creates a sense of entrapment. Controlling finances, damaging personal property, or deliberately isolating someone can be considered forms of abuse if done to threaten or harass.
Stalking or cyberstalking behaviors qualify as well. Repeated, unwanted contact that causes fear—whether through phone calls, social media, or physically following someone—can be grounds for a protective order. Judges often look for a consistent pattern: isolated rude comments may not be enough, but frequent threatening texts, suspicious followings, or ongoing harassment often meet the threshold for legal protection. Ultimately, it is the ongoing fear or credible threat of harm that matters most.
What Evidence Must I Provide to Get a Protective Order?
The Burden of Proof in Texas
Protective orders are designed to restrict someone’s actions, so judges want sufficient proof that you need protection. You must show that abuse or threats occurred and that future harm is reasonably possible. Texas uses the “preponderance of the evidence” standard, meaning the judge must be convinced it is more likely than not that harm took place.
In practical terms, you should describe each incident in detail. Note specific dates, times, and places. Include descriptions of threats or violence, and be prepared to offer supporting evidence. This evidence can be as varied as photographs, messages, witness statements, or personal affidavits recounting the abuse. You do not necessarily need a police report or a criminal conviction; your own credible testimony and supporting documentation can suffice. Courts usually prefer specificity and consistency in your account.
What Types of Evidence Strengthen My Case?
Gathering a Variety of Proof
Texas courts often advise gathering multiple forms of evidence to paint a complete picture of the abuse or threats. Different types of proof can reinforce one another and show the judge why protection is necessary. Below are common categories of evidence that typically strengthen a restraining order case:
1. Incident Reports and Police Records
If you ever called the police or filed a formal report, get copies of those records. Official documentation from law enforcement can reinforce your credibility, even if the abuser was never arrested. Past protective orders (from Texas or elsewhere) also demonstrate a history of harm.
2. Photographs and Videos
Visual evidence can be powerful. Clear photos of injuries—taken soon after an incident—are especially compelling. Images of property damage or videos of threatening confrontations can help the court see the severity of the situation.
3. Medical and Counseling Records
Documentation from doctors, nurses, or therapists can confirm both physical injuries and emotional distress. For instance, emergency room records about bruises or a note from a counselor stating you suffer anxiety due to threats can each support your claim.
4. Personal Statements or Diaries
Sworn written statements (affidavits) or personal diaries that detail abusive incidents can fill in the gaps that photos or police reports might miss. Clearly listing dates, times, and the nature of each event will help the judge understand the pattern of violence or harassment.
5. Communication Records
Threatening text messages, emails, voicemails, and letters all serve as concrete evidence of an abuser’s harmful intent. Social media posts that harass or intimidate you can also be presented to the court.
6. Witness Statements
Friends, neighbors, relatives, or coworkers who have seen or heard incidents of abuse can write statements or testify. Even if they only witnessed part of an incident, their account often corroborates your story, showing that you are not the only source of these allegations.
7. Professional Observations
Counselors, social workers, or teachers may have observed signs of trauma or documented reports of violence. Their letters or statements can add a professional perspective on what happened.
8. Financial and Property Records
If an abuser has blocked your access to finances, stolen your money, or destroyed your property, gather bank statements, repair bills, or receipts to illustrate the scope of the abuse.
Each piece of proof helps build a more cohesive case. Visual documentation, written communications, witness testimony, and official reports often work together to show a judge why you need a protective order. One Texas attorney has noted that “the more evidence you have, the more likely a judge is to grant you a protection order.”
How Do I Prove Different Types of Abuse?
Domestic or Family Violence
In family or household situations, you must show evidence of physical harm, sexual abuse, or threats serious enough to create a reasonable fear. Even emotional and financial abuse can qualify if it is intended to control or intimidate you. Detailed incident descriptions, medical records, past domestic disturbance calls, and pictures of injuries usually help confirm a pattern of family violence.
Stalking or Cyberstalking
To prove stalking, you generally need to show a pattern of repeated behavior, such as multiple unwanted visits or messages that cause you fear. Save screenshots of threatening texts, keep a log of phone calls, and note any times the person showed up uninvited at your home or workplace. The court wants to see that there is more than a single, isolated event.
Harassment and Threats
Harassment may not involve physical violence but can still be severe enough to justify a restraining order. Written threats, repeated phone calls, or actions that cause significant emotional distress all fit here. When compiling evidence, focus on the seriousness and frequency of the threats. Show the judge how these actions have made you fear for your safety.
Tip: It does not matter if the abuse was physical or verbal—if it made you afraid, it can count. Texas courts also recognize financial harm or property damage as forms of abuse if done to threaten or control you.
What About Uncommon Situations?
Broader Protections in Texas
Texas offers protective orders in several scenarios beyond typical spousal or family abuse. For instance, if you are a victim of sexual assault, indecent assault, or human trafficking—even by a stranger—you can still apply for protection. Proof in these cases may include medical exams, reports to authorities, or statements from support organizations. Teen dating violence is also covered: a teenager who has been harmed by someone they dated may seek legal protection as well.
Threats to pets or children are taken seriously, too. If an abuser harms or threatens a beloved pet or your children, that can be shown as proof of violent behavior. Additionally, civil restraining orders in the context of divorce or custody disputes might be granted to prevent financial harm—such as selling property or blocking access to marital assets. In all these scenarios, the core requirement remains the same: credible evidence that you are in danger of harm or intimidation.
How Do I Gather and Present My Evidence?
Practical Steps for Documentation
Collect everything promptly. If you have bruises, take pictures immediately before they fade. Save all screenshots or printouts of threatening messages. Write down exactly what happened after each incident, including the date, time, location, and the specific words or actions. This detailed record helps you recall events accurately when you speak to the judge.
Organizing Your Materials
Try to keep a chronological file of all evidence. You might create separate folders for photos, text messages, and witness statements. Label each item with a date or a brief description. Having a clear timeline helps the court follow the pattern of abuse or threats.
Submitting Evidence to the Court
When you apply for a protective order, you will typically include an affidavit where you summarize your account. Attach copies of any supportive documents or images to bolster your story. During the hearing, you or your attorney can present each piece of evidence and explain its significance. Staying calm and factual when describing incidents is crucial for credibility. Court staff or victim-advocates can guide you through these steps if you feel unsure.
What Happens Next?
Filing, Temporary Orders, and the Hearing
After gathering your evidence, you file for a protective order at your local court or possibly through the District Attorney’s office. If you are in immediate danger, you may receive a temporary (“ex parte”) order that offers quick protection even before the alleged abuser is notified. This emergency relief can be granted on the same day if the judge believes you face an urgent threat.
A full hearing typically follows within a few weeks. Both sides can present evidence and testimony, and the judge will decide whether to issue a final protective order. Final orders often last up to two years or longer, depending on the severity of the case and whether the judge sees an ongoing risk. If granted, the order is enforceable by police, making any violation of its terms a criminal offense.
How Can I Get Help and What If I Have Little Evidence?
Seeking Support and Advocates
It is normal to worry about not having “enough” proof. Many survivors do not have extensive documentation of every threat or incident. Courts can still grant protective orders based on consistent testimony and the best evidence you have—even if it is just a few messages or a single police report. Sometimes, you may be able to submit additional evidence later if more details come to light.
If the process feels overwhelming, consider contacting an attorney or a victim-advocate group for guidance. These professionals can help you prepare your paperwork, organize your evidence, and accompany you to the hearing. Many counties have free or low-cost legal aid services for individuals who need protection. Ultimately, the law’s goal is to keep you safe, and you do not have to navigate it alone.