Restraining Order in Texas

What This Means for Your Restraining Order Filing in Texas

Filing for restraining order in Texas costs free of charge at the courthouse — the first financial barrier most self-represented filers face. Protective orders free for family violence. Beyond the filing fee, no mandatory waiting period applies, and the typical case timeline is Emergency order immediate; temporary hearing within 14 days. Because Texas courts operate at the state and county level, local surcharges, service-of-process fees, and motion filing fees can add meaningfully to the out-of-pocket total. Every person whose household income falls below roughly 125–200% of the federal poverty line can apply for a fee waiver (sometimes called "in forma pauperis") with the court clerk.

Procedurally, Texas lays out 6 distinct steps, and the clerk typically requires 5 core document categories to open your case. Residency rules matter: Not required. Grounds or legal theory must be stated clearly in the initial petition — Domestic violence, stalking, sexual assault, harassment. Missing a required element, filing in the wrong venue, or failing to perfect service within the statute-of-limitations window can cause dismissal without prejudice, forcing you to refile and pay the fee again.

This is public court-fee and procedural data, not legal advice. Outcomes in restraining order cases depend heavily on facts, evidence, documentation, and the judge assigned. If your matter is contested, involves minor children, real property, significant debts, domestic violence, or immigration consequences, consult a licensed Texas attorney or contact your state legal-aid office before filing. Data on this page was last verified 2026-03 against Texas court sources; always confirm the current fee schedule with the clerk before paying.