If you are in danger right now, call 911. You can also reach the National Domestic Violence Hotline at 1-800-799-7233, any time of day.
A protective order is a civil court order that tells a person to stop violent or threatening conduct and to stay away from the people they have harmed. For many families in New Braunfels and Comal County, a protective order is the first step toward safety and stability after abuse. For people who have been served with an application, it is a serious legal matter with lasting consequences. This page explains how protective orders work in Texas, whichever side of the case you are on.
What Counts as Family Violence in Texas
Texas protective order law is found in Title 4 of the Family Code. A protective order is generally available when the court finds that family violence, dating violence or certain other conduct has occurred and is likely to occur again.
Family violence includes acts by a member of a family or household against another member that are intended to cause physical harm, bodily injury, assault or sexual assault, or threats that reasonably place the person in fear of those harms. It also includes abuse of a child by a household member. Dating violence covers similar acts between people in a current or former dating relationship.
The protected people can include:
- Current or former spouses
- Parents of the same child, whether or not they ever married
- Relatives by blood or marriage
- People who live or have lived in the same household
- People in a current or former dating relationship
- Children in the home
Separate protective orders are available for victims of sexual assault, stalking and human trafficking regardless of their relationship to the offender. Those orders follow different rules.
Types of Protective Orders
| Order | When it is issued | How long it generally lasts |
|---|---|---|
| Magistrate’s order of emergency protection | By a judge or magistrate after an arrest for family violence or certain other offenses | A limited period set by law |
| Temporary ex parte protective order | Without notice to the respondent, when the court finds a clear and present danger | Generally up to 20 days, and can be extended |
| Final protective order | After a hearing where both sides can appear | Generally up to 2 years; longer in certain serious cases |
Temporary Ex Parte Orders
“Ex parte” means the court acts without first hearing from the other side. When an application shows a clear and present danger of family violence, a judge can sign a temporary order the same day it is filed. In some cases, the temporary order can even require the respondent to leave a shared residence, if specific requirements are met. A hearing on the final order is then set, usually within about two weeks.
Final Protective Orders
At the final hearing, both sides can present evidence and testimony. If the court finds that family violence occurred and is likely to occur in the future, it must issue a protective order. A final order can last up to two years, or longer if the facts involve a felony offense of family violence, serious bodily injury or other circumstances the law specifies.
What a Protective Order Can Require
A Texas protective order can include terms tailored to the situation, such as:
- No family violence, threats or harassment
- No communication with the protected person, directly or through others, except as the order allows
- Staying a set distance away from the protected person’s home, workplace and children’s school or child care
- Leaving a shared residence
- No possession of firearms during the order
- Temporary conservatorship, possession and support for children
- Attending a battering intervention program or counseling
- Protection for pets
Under federal law, a person subject to a qualifying protective order generally may not possess a firearm or ammunition. This can affect careers in law enforcement, the military and security work, which matters for many families near Joint Base San Antonio.
Seeking a Protective Order in Comal County
In Comal County, as in the rest of Texas, protective orders are filed in court. Applicants can get help in several ways:
- The prosecutor’s office. County or district attorney’s offices in Texas commonly help family violence victims apply for protective orders.
- A private attorney. Hiring your own lawyer gives you an advocate who can also address divorce, custody and support at the same time.
- Victim advocates. Local shelters and advocacy programs can help with safety planning, and some can help with paperwork. Our community resources page lists ways to find help.
Your application will usually include a sworn statement describing specific incidents: what happened, when, and where. Dates, photos, medical records, police reports, texts, voicemails and witness names all help. Keep copies in a safe place the other person cannot access, such as a trusted friend’s home or a secure email account.
New Braunfels sits on the Comal-Guadalupe county line, and the county where you file depends on your residence or the respondent’s, or where the violence occurred. If you are unsure, the clerk’s office or an advocate can help you find the right court.
If You Have Been Served With a Protective Order
Being served with a protective order application, especially an ex parte order that requires you to leave your home, is overwhelming. What you do next matters.
- Follow the temporary order exactly, even if you believe it is unfair. Violations can lead to arrest and criminal charges.
- Do not contact the applicant, even to apologize or to try to work things out, unless the order specifically allows it.
- Make arrangements for firearms in line with the order and the law.
- Gather evidence, such as texts, call logs and witnesses, that tells your side.
- Talk to a lawyer before the hearing. A final order can affect custody, housing, employment and gun rights for years.
Respondents sometimes agree to a protective order without findings of family violence. That choice has tradeoffs that should be discussed with an attorney.
Protective Orders, Divorce and Custody
Protective orders often overlap with other family cases. A protective order can be filed alongside a divorce, or a divorce can follow shortly after. Texas law waives the usual 60-day waiting period for divorce in certain family violence situations. Our temporary orders page explains how other short-term issues are handled while a divorce is pending.
Family violence also weighs heavily in custody decisions. A history of family violence can affect whether parents are named joint managing conservators and can lead to supervised visitation. If you are planning to leave, our guide on what not to do during separation has practical safety and legal tips.
Talk With a New Braunfels Family Lawyer About a Protective Order
Whether you need protection or are responding to an application, you deserve clear advice and a careful plan. Our family law team represents applicants and respondents in New Braunfels, Comal County and the surrounding counties. Call (830) 302-4071 for a confidential, free consultation by phone, video or in person. Se habla español. If you are in immediate danger, call 911 first.
Frequently Asked Questions
How long does a protective order last in Texas?
A temporary ex parte order generally lasts up to 20 days and can be extended. A final protective order generally lasts up to two years, and it can last longer in certain serious cases, such as those involving felony family violence or serious bodily injury.
Do I have to pay to get a protective order?
Texas law generally does not allow an applicant for a family violence protective order to be charged filing or service fees. Ask the office that helps you file about any costs you may be asked to pay.
What happens if someone violates a protective order?
Violating a Texas protective order is a criminal offense under Penal Code § 25.07. Call 911 if the order is violated. Police can arrest the violator, and repeated violations or violations involving assault can lead to more serious charges.
Can the person protected by the order invite the other person over?
The order restricts the respondent, not the protected person, but invitations do not cancel the order. The respondent can still be arrested for violating it. If circumstances change, either side should ask the court to modify or end the order rather than ignoring it.
Will a protective order affect custody?
It can. Texas courts must consider family violence when deciding conservatorship and possession. A protective order can include temporary terms about the children, and a finding of family violence can significantly affect a later custody case.
Last reviewed November 13, 2026. General information only, not legal advice.