How to File a Restraining Order in Houston

Restraining orders help the legal system protect people who have already been victimized.

Judges issue restraining orders to protect victims of abuse and harassment from further violence. In Houston, Texas, located in Harris County, two types of restraining orders are offered: family violence protective orders and sexual assault protective orders. The former protects against actual or threatened physical harm or sexual assault from a family or household member or someone you are dating; the latter, against anyone who has sexually assaulted you. Restraining orders are issued after hearings at which both parties have the opportunity to testify.

Instructions

1. File an application for a restraining order at the Harris County District Attorney's Office (Family Criminal Law Division), Monday through Friday, 8 a.m.to 3 p.m. As of 2010, the office was at 1201 Franklin Street, Suite 600, in Houston. After hours, if you need a restraining order immediately, you can go to the Houston Police Department's Family Violence Unit, which has four locations throughout the city. To be eligible to file in Houston, you or the alleged abuser must live in Harris County.

2. Give the application to the court clerk and appear before the judge. At this hearing, you may request a temporary restraining order to protect you until the full hearing if you feel you are in immediate danger. The judge will also set a date for the full hearing, within two weeks of application.

   The court clerk will then issue a Notice of Application for a Protective Order, which law enforcement will give to the abuser.

3. Gather evidence and prepare to present your case at the full hearing. Helpful supporting evidence includes police or medical reports, dated photographs of injuries or damaged property, written communication, and witness testimony. Although it is not required, you may want to consider obtaining legal assistance.

4. Appear at the hearing and present your case to the judge. The alleged abuser will probably be here; if he does not appear, the judge may grant you the restraining order in his absence. If you do not appear, your temporary restraining order will expire, leaving you unprotected, and you will have to start the process over again. If granted, Texas restraining orders are usually effective for two years.

References

• Women's Law: Texas Family Violence Protective Orders
• Women's Law: Texas Sexual Assault Protective Orders
• Office of District Attorney, Harris County: Family Criminal Law
• Texas Attorney General's Office: Protective Orders
• Houston Texas Police: Family Violence Unit

Resources

• Texas Advocacy Project: Protective Orders