How to Get an Emergency Protective Order in Houston

If you're reading this in the middle of the night, afraid of what tomorrow might bring, the first thing to know is: you are not alone, and you have real options. Texas law and Harris County resources are designed specifically to protect you —regardless of your immigration status, regardless of whether you speak English, and with no filing fee required.

This guide explains the three types of protective orders available in Harris County, how to obtain each one, and what to do while the process moves forward.

#What Is a Protective Order?

A protective order is a legal order issued by a judge that prohibits another person —a partner, ex-partner, family member, or household member— from approaching you, contacting you, or being near your home, workplace, or children's school.

Under Texas Family Code § 71.004, "family violence" includes not just physical assault but also:

• Threats that reasonably place you in fear of physical harm
• Sexual abuse
• Violence or abuse directed at a child of the household
• Violence between dating partners (dating violence)

You do not need visible injuries or a prior police report to qualify for protection.

#The Three Types of Protective Orders in Harris County

1. Emergency Protective Order (EPO)

This is the fastest option. It is issued when a household member is arrested for family violence, and a magistrate issues it —you do not need to take any action to request it in that moment.

Duration: As of September 1, 2025 (Texas Senate Bill 2196), EPOs now last 61 to 91 days. If the abuser used a deadly weapon during the incident, the order must last 91 to 121 days.

Legal authority: Texas Code of Criminal Procedure, Article 17.292.

You do not need to be present. The magistrate can issue the order without you attending the hearing. You may also ask a Houston Police Department officer or a prosecutor to request an EPO on your behalf, even without a prior arrest.

2. Temporary Ex Parte Protective Order

If there was no arrest, you can apply for this order directly at the courthouse. It is called ex parte because the judge can grant it without the abuser being present or notified in advance.

• Duration: Up to 20 days, renewable (Texas Family Code, Chapter 83).
• Where to apply: Civil Intake, 201 Caroline St., 1st Floor, Houston, TX 77002. You may also go to the 280th Protective Order Court, located at 1200 Congress St., 7th Floor, Houston, TX 77002 —the only court in Texas dedicated exclusively to protective orders. Hearings are held Monday through Thursday at 9:00 AM.
• Filing fee: $0. Texas Family Code § 81.002 prohibits charging the victim any fee to file, serve, or obtain a protective order.
• What you need: Your address, the abuser's address, names of any witnesses, and any evidence available (photos, screenshots of threatening messages, medical records).

3. Final Protective Order

This is the most durable option. It requires a full court hearing where both parties can present evidence.

• Duration: Up to 2 years (Texas Family Code, Chapter 85). It can be permanent if there was serious bodily injury, sexual assault, or use of a firearm.
• Estimated timeline: The Harris County District Attorney's Protective Orders Section (713-274-0212) typically takes 4 to 6 weeks to complete the case.
• What it can include: Removal of the abuser from the shared home, a prohibition on all contact (calls, texts, social media, messages through third parties), a minimum stay-away distance from your home, workplace, and children's school (typically 100 to 500 feet), and surrender of all firearms.

#Step by Step: How to Start the Process Today

1. If you are in immediate danger: Call 911. HPD's Family Violence Unit (713-308-1100) can arrest the abuser and request an emergency protective order.
2. Call the HAWC crisis line: Houston Area Women's Center, 713-528-2121, available 24/7, confidential. Services include emergency shelter (up to 3 months), counseling, and legal advocacy.
3. Gather evidence while you can: Photos of injuries, screenshots of threatening messages, medical records, and names and contact information of witnesses.
4. Go to the courthouse (if no arrest occurred): Head to 201 Caroline St., 1st Floor (Civil Intake) or the 280th Protective Order Court at 1200 Congress St., 7th Floor. There is no filing fee.
5. Consider speaking with an attorney. The process can feel overwhelming alone. An attorney can help you complete the application correctly, ensure the order covers everything you need, and represent you at the final hearing.

#What the Judge Can Order the Abuser to Do

A Texas protective order can require the abuser to:

• Leave the shared home, even if the abuser is the property owner or on the lease
• Stop all contact —direct and indirect, including messages sent through third parties
• Stay a minimum distance from your home, workplace, and children's schools (typically 100 to 500 feet)
• Surrender all firearms (required under both Texas state law and federal law; possessing a firearm while subject to a qualifying protective order is a federal felony)
• Comply with temporary child custody arrangements while the order is in effect
• Pay temporary child or spousal support

What Happens If the Order Is Violated

Violating a protective order in Texas is a criminal offense. A first violation can be charged as a Class A misdemeanor (up to one year in county jail and a $4,000 fine). A second or subsequent violation —or any violation involving assault or stalking— rises to a third-degree felony (2 to 10 years in prison and up to $10,000 in fines). Every call, text, or unauthorized visit counts as a separate offense.

If the abuser contacts you after a protective order is in place, preserve the evidence and call 911 immediately.

#If You Are an Immigrant: Your Rights Are the Same

Many families in neighborhoods like Northside, Gulfton, Alief, Magnolia Park, and East End fear calling the police because of immigration concerns. That fear is understandable —but here is what you should know:

• Your immigration status does not prevent you from getting a protective order. Texas courts do not check or verify immigration status when a person applies for protection.
• Attorney-client consultations are completely confidential. What you share with your lawyer is protected by professional privilege.
• Being a crime victim may actually strengthen your immigration case. Victims of certain crimes may qualify for special visas (such as the U visa). We can help you understand those options.
• You are not required to disclose your immigration status to police officers.

Our bilingual attorneys serve clients in both Spanish and English at our two Houston offices: Montrose (1603 W. Alabama St., Houston, TX 77006) and East End (6841 Avenue I, Houston, TX 77011). Schedule a consultation at kristopheralvarez.com/agendar or call (832) 404-2300.

#Houston Safety Resources

• Houston Area Women's Center (HAWC): 713-528-2121 (24/7 crisis line, confidential)
• HPD Family Violence Unit: 713-308-1100
• Harris County DA's Office — Protective Orders Section: 713-274-0212
• Texas Law Help (free): texaslawhelp.org

#Related services

• Protective orders in Houston
• Child custody in Houston
• Family law in Houston