Austin Domestic Violence & Protective Order Lawyer

Written by Eric M. Willie, Austin family law attorney since 1998 · Legal content reviewed October 20, 2026

How to Get a Protective Order in Austin, Texas

Step 1 — File an Application: You or your attorney files an application for a protective order at the Travis County Courthouse. The application describes the abuse, threats, or harassment you have experienced. Eric prepares and files these applications the same day you contact his office when safety is at risk.

Step 2 — Temporary Ex Parte Order: If the judge finds an immediate danger of family violence, a temporary ex parte protective order is issued the same day — without the abuser being present. This order is effective immediately and lasts up to 20 days until a full hearing.

Step 3 — Full Hearing: Within 14 days, the court holds a hearing where both parties can present evidence. If the judge finds family violence occurred and is likely to occur again, a final protective order is issued lasting up to 2 years.

Step 4 — Enforcement: Violating a protective order is a criminal offense in Texas (Class A misdemeanor, up to 1 year in jail). Repeat violations or violations involving assault can be charged as a third-degree felony.

Types of Protective Orders in Texas

Emergency Protective Order (Magistrate's Order): Issued by a judge after a domestic violence arrest, usually at the request of law enforcement. Effective immediately, lasts 31-91 days. No application needed from the victim.

Temporary Ex Parte Protective Order: Filed by the victim or their attorney. Issued without the abuser present if immediate danger exists. Lasts up to 20 days pending a full hearing.

Final Protective Order: Issued after a hearing where both parties present evidence. Lasts up to 2 years (can be extended). Prohibits contact, may grant temporary custody, require surrender of firearms, and mandate counseling.

What a Protective Order Can Do

A protective order can prohibit the abuser from going to or near the family home, school, or workplace. It can prohibit all direct and indirect contact (phone, text, email, social media, through third parties). It can grant temporary custody of the children to the victim. It can require the abuser to surrender firearms. It can order the abuser to pay child support and provide for medical expenses related to the abuse. It can mandate participation in a battering intervention program.

Protective Orders and Custody

A protective order significantly impacts custody proceedings. A finding of family violence creates a presumption that the abuser should NOT be appointed as a joint managing conservator. The court may order supervised visitation only, or in severe cases, deny visitation entirely. Protective orders and custody orders work together to create a comprehensive safety plan for you and your children. See our child custody page.

Evidence to Bring to Your Protective Order Hearing

A protective order hearing requires evidence that family violence has occurred and is likely to occur again. Strong evidence includes: photos of injuries (with dates), text messages and voicemails containing threats, police reports and 911 call records, medical records documenting injuries, witness statements from family, friends, or neighbors, and any prior criminal history of the abuser.

The more documentation you have, the stronger your case. Start preserving evidence immediately — screenshot text messages, save voicemails, photograph injuries, and request copies of any police reports. Eric helps clients organize and present this evidence effectively at the hearing.

Safety Planning During the Legal Process

Your safety is the first priority. Before filing a protective order, develop a safety plan: identify a safe location (family, friend, shelter), pack essential documents (ID, passport, children's birth certificates, financial records, medications), inform trusted people about the situation, and save emergency contact numbers.

National Domestic Violence Hotline: 1-800-799-7233 (SAFE). SAFE Alliance Austin: (512) 267-7233. These resources provide immediate shelter, safety planning, and counseling. Eric coordinates with these organizations to ensure comprehensive protection — legal, physical, and emotional.

Criminal vs. Civil Protective Orders in Texas

Understanding the difference between criminal and civil protective orders is important. Criminal protective orders are issued as conditions of bail or probation in domestic violence criminal cases — the victim does not need to petition separately. Civil protective orders are filed by the victim in family court and do not require a criminal case. Both carry criminal penalties for violation.

Eric coordinates between criminal and civil proceedings when both are active. If your abuser has been arrested, the criminal case may result in protective conditions — but a separate civil protective order provides broader protection and can address custody, possession of the home, and financial support. Eric advises on the strongest comprehensive protection strategy.

If You Have Been Falsely Accused

False allegations of domestic violence are used as a strategy in some custody disputes. If a protective order has been filed against you based on false claims, Eric defends you. Consequences of a protective order include firearm restrictions, criminal record implications, employment effects, and custody limitations. Responding to false allegations early is critical.

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