If you are in danger right now, call 911. For 24-hour local help, call Thriving Hearts Crisis Center (formerly the Guadalupe Valley Family Violence Shelter) at 830-372-2780, or the National Domestic Violence Hotline at 1-800-799-7233.
A protective order is a court order that can require an abuser to stay away from you, your home, your work and your children's school, and to stop contacting or threatening you. In Texas, violating a protective order is a crime. To grant a final order, a judge must find that family violence (or dating violence, stalking, sexual assault or trafficking) has occurred and is likely to occur again.
Ways to get a protective order in Guadalupe County
1. Through the Guadalupe County Attorney's Office
In Guadalupe County, the County Attorney's Office represents victims of family violence in protective order cases at no cost to the victim. The office has a Family Justice Unit and an online application:
- Online protective order application (English)
- Solicitud de orden de protección (español)
- Guadalupe County Attorney, 211 W. Court Street, Seguin, TX 78155, 830-303-6130
Important: the County Attorney's application says that if you already have a divorce or custody case pending, the office typically does not file a protective order for you, and you should talk with your family lawyer about filing it within that case.
2. Through a private attorney
A family lawyer can file an application for a protective order on its own or as part of a divorce or custody case. That's often the best route when a divorce is pending or about to be filed, because the protective order, temporary custody and use of the home can be addressed together. Attorney Jesus R. Lopez handles protective orders for both applicants and respondents.
3. On your own
You can also apply yourself in district court. Free forms and instructions are available at TexasLawHelp.org. The applicant doesn't pay a filing fee.
Types of orders and how long they last
| Order | How you get it | How long it lasts |
|---|---|---|
| Magistrate's order for emergency protection | Issued by a magistrate after an arrest for family violence | Up to 91 days in many cases |
| Temporary ex parte protective order | Granted the day you apply if the judge finds clear and present danger, without the other side present | Up to 20 days, until the hearing |
| Final protective order | After a hearing where both sides can appear | Usually up to 2 years; longer in some serious cases |
Local help in Guadalupe County
- Thriving Hearts Crisis Center (formerly Guadalupe Valley Family Violence Shelter): shelter, advocacy and counseling for Guadalupe, Gonzales, Karnes and Wilson counties since 1983. 24/7: 830-372-2780.
- Guadalupe County Children's Advocacy Center: help for children who have been abused. 830-303-4760.
- Texas Abuse Hotline (to report child or elder abuse): 1-800-252-5400 or txabusehotline.org.
- Victim notification: register to be told when someone is released from jail through the state's VINE/IVSS system.
If a protective order was filed against you
Take it seriously. A final protective order can affect custody, your right to possess firearms, your housing and your job, and violating even a temporary order is a crime. Follow every term while the case is pending, don't contact the applicant, and talk to a lawyer before the hearing. Read more: protective orders in Texas.
FAQ
Does it cost money to get a protective order?
No. Texas doesn't charge the applicant a filing fee for a protective order. The court can order the respondent to pay costs.
Can a protective order give me temporary custody?
Yes. A protective order can include temporary orders about the children, child support and use of the home, as well as stay-away terms.
I already filed for divorce. Can the County Attorney help?
Usually your own lawyer files the protective order within the divorce or custody case. The County Attorney's office says it typically doesn't file when a divorce or custody case is pending.